CrPC Section 105
Section 105 of the Criminal Procedure Code (CrPC), 1973 – Reciprocal Arrangements Regarding Processes
Text of the Section:
“Where a Court in India has reason to believe that a person who—
(a) is accused of an offence; or
(b) is a witness in relation to an offence,
is in any country or place outside India, the Court may, after recording the reasons in writing, issue a letter of request to a court or an authority in that country to:(i) serve a summons or warrant;
(ii) execute a summons or warrant; or
(iii) take evidence.”
Detailed Explanation:
1. Introduction:
Section 105 of the CrPC provides the legal framework for mutual legal assistance between India and foreign countries in criminal matters. It empowers Indian courts to request assistance from foreign courts or authorities for executing legal processes such as serving summons, warrants, or collecting evidence located abroad.
2. Purpose:
To help Indian courts secure the presence of accused persons or witnesses located in foreign countries.
To enable Indian authorities to collect evidence or enforce court orders beyond India’s territorial jurisdiction.
To promote international cooperation in criminal justice, especially in cases involving cross-border crimes.
3. Scope and Key Provisions:
Applies when an accused or witness is located outside India.
The court must record its reasons in writing for seeking assistance.
The court may issue a letter of request to a foreign authority to:
Serve or execute summons or warrants;
Collect or record evidence, including examination of witnesses or seizure of documents.
4. Importance:
Critical in tackling international crimes, such as terrorism, drug trafficking, cybercrime, and money laundering.
Helps in gathering admissible evidence from foreign jurisdictions.
Ensures that Indian legal processes are respected and enforced even when people or evidence are outside the country.
5. Procedure:
The Indian court records the necessity of assistance from a foreign court.
A letter of request is prepared and transmitted, usually through the Central Government, to the appropriate authority in the foreign country.
The foreign authority executes the request as per mutual legal treaties or international norms.
The information, evidence, or action taken is sent back to the Indian court.
6. Related Legal Provisions:
Section 105A to 105L CrPC: Deal with procedures for reciprocal arrangements for assistance in criminal matters, including attachment and forfeiture of property.
Extradition Act, 1962: Governs the extradition of criminals from foreign countries.
Mutual Legal Assistance Treaties (MLATs): Formal agreements between India and other countries for criminal cooperation.
7. Judicial Interpretation:
Indian courts have upheld the importance of international cooperation under this section.
Courts have stressed that due process must be followed while seeking such assistance to maintain the credibility of evidence collected.
Conclusion:
Section 105 of the CrPC enables Indian courts to seek assistance from foreign courts or authorities to serve summons or warrants and to collect evidence in criminal cases involving persons or evidence located outside India. This section plays a key role in ensuring justice in cross-border crimes by promoting effective international legal collaboration.
RELATED Blog
0 comments