CrPC Section 105B: Assistance in Securing Transfer of Persons
1. Code:
Section 105B of the Code of Criminal Procedure, 1973 (CrPC) deals with “Assistance in Securing Transfer of Persons.”
2. Explanation:
This section empowers a Magistrate to provide assistance to a person who desires to secure the transfer of another person from one State to another for the purpose of attending a criminal proceeding. The purpose of this section is to facilitate the smooth conduct of criminal proceedings by ensuring the presence of witnesses and accused persons in the relevant jurisdiction.
3. Illustration:
Imagine a situation where a witness resides in State A, and a criminal trial is ongoing in State B. To ensure the witness’s presence in court, the Magistrate in State A can, under Section 105B, issue necessary orders for the transfer of the witness to State B. This could involve providing financial assistance for travel and accommodation, or arranging for secure transportation.
4. Common Questions and Answers:
- Q: Who can apply for assistance under Section 105B?
A: Any person who wishes to secure the transfer of another person from one State to another for the purpose of attending a criminal proceeding. - Q: What are the grounds for seeking assistance under Section 105B?
A: The applicant must demonstrate the necessity of the other person’s presence in the other State for the purpose of attending a criminal proceeding. - Q: What kind of assistance can the Magistrate provide under Section 105B?
A: The Magistrate can provide various forms of assistance, including:
- Financial aid for travel and accommodation
- Arrangement for secure transportation
- Issuing orders to the relevant authorities in the other State for the transfer of the person
- Q: Can the Magistrate refuse to provide assistance under Section 105B?
A: Yes, the Magistrate can refuse to provide assistance if they are not satisfied that the grounds for the request are genuine or if there are compelling reasons to deny the application.
