Code:
(1) Where a Court in India, in relation to a criminal matter, desires that a warrant
for arrest of any person to attend or produce a document or other thing issued by it shall be
executed in any place in a contracting State, it shall send such warrant in duplicate in such
form to such Court, Judge or Magistrate through such authority, as the Central Government
may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case
may be, shall cause the same to be executed.
(2) If , in the course of an investigation or any inquiry into an offence, an application
is made by the investigating officer or any officer superior in rank to the investigating
officer that the attendance of a person who is in any place in a contracting State is required
in connection with such investigation or inquiry and the Court is satisfied that such
attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by
notification, specify in this behalf, to cause the same to be served or executed.
(3) Where a Court in India, in relation to a criminal matter, has received a warrant for
arrest of any person requiring him to attend or attend and produce a document or other
thing in that Court or before any other investigating agency, issued by a Court, Judge or
Magistrate in a contracting State, the same shall be executed as if it is the warrant received
by it from another Court in India for execution within its local limits.
(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a
prisoner in India, the Court in India or the Central Government may impose such conditions
as that Court or Government deems fit.
(5) Where the person transferred to India pursuant to sub-section (1) or
sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the
conditions subject to which the prisoner is transferred to India are complied with and such
prisoner shall be kept in such custody subject to such conditions as the Central Government
may direct in writing.
Explanation:
This section of the BNSS deals with the execution of arrest warrants and the summoning of individuals. This is in connection with criminal matters involving contracting states (countries that have agreements with India for mutual legal assistance). It aims to facilitate cross-border investigations and legal proceedings.
Breakdown of the Section:
- Subsection (1): When an Indian court needs to execute an arrest warrant in a contracting state, it sends the warrant in duplicate to the designated authority (specified by the Central Government) in that state for execution.
- Subsection (2): If an investigation in India requires the attendance of a person located in a contracting state, the Indian court can issue a summons or warrant to the designated authority in that state to serve or execute it.
- Subsection (3): An Indian court receives an arrest warrant from a contracting state. It will execute the warrant as if it were issued by another Indian court within its jurisdiction.
- Subsection (4): When a prisoner in India is transferred to a contracting state under Subsection (3), the Indian court or Central Government can impose specific conditions on the transfer.
- Subsection (5): A prisoner from a contracting state is transferred to India under Subsections (1) or (2). The Indian court ensures compliance with transfer conditions and the prisoner’s custody is managed as directed by the Central Government.
Illustration:
Imagine a case where a suspect in an Indian murder case flees to a contracting state like the United Kingdom. The Indian court, under Section 114, can send the arrest warrant to the UK authorities. It can be through the designated channels for execution. The UK court would then apprehend the suspect and, if required, transfer them back to India for trial.
Common Questions and Answers:
- Q: What are “contracting states”?
A: Contracting states are countries that have agreements with India for mutual legal assistance in criminal matters. These agreements outline the procedures for sharing information and cooperating in investigations and prosecutions.
- Q: How does the Central Government specify authorities for warrant execution?
A: The Central Government, through notifications, designates specific courts, judges, or magistrates in contracting states to receive and execute warrants issued by Indian courts.
- Q: Can an individual be directly summoned from a contracting state to an Indian court?
A: Yes, Subsection (2) of Section 114 allows Indian courts to issue summons to individuals. Especially, in contracting states for attendance in connection with investigations or inquiries.
- Q: What are the conditions that can be imposed on transferred prisoners?
A: The conditions could include, but are not limited to, restrictions on movement, contact with specific individuals. It also includes participation in particular activities.
