BNSS Section 124: Application Of This Chapter
1. Code:
Section 124 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – Application of this chapter
2. Explanation:
This section empowers the Central Government to modify the application of this Chapter VII (relating to extradition) of the BNSS in relation to a contracting State with which reciprocal arrangements have been made. Essentially, it allows for flexibility and tailoring the extradition process to the specific agreements in place with other countries. Here is what application of this chapter means:
3. Illustration:
Imagine India has a reciprocal extradition treaty with the United States. This treaty may have specific conditions, exceptions, or qualifications regarding the extradition process. For instance, it might specify that certain offenses are not extraditable, or that certain procedural safeguards must be followed. Section 185 allows the Central Government to implement these specific provisions through a notification in the Official Gazette.
4. Common Questions and Answers:
- Q: What are “reciprocal arrangements”?A: Reciprocal arrangements refer to agreements or treaties between two or more countries that establish mutual obligations and benefits regarding extradition, criminal justice cooperation, or other legal matters.
- Q: Can the Central Government modify any part of Chapter VII through notification?A: No, the notification can only be made for contracting States with which reciprocal arrangements exist. It cannot be used to unilaterally modify the application of Chapter VII in general.
- Q: What is the purpose of this section?A: The purpose is to ensure that the extradition process under the BNSS is consistent with the specific terms and conditions of international agreements that India has entered into with other countries.
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