Section 114 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 114 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the assistance in securing the transfer of persons between India and contracting states in the context of criminal matters. This provision facilitates international cooperation in the execution of warrants, summonses, and the transfer of individuals involved in criminal proceedings.
📜 Text of Section 114
Assistance in securing transfer of persons
Execution of Warrants in Contracting States
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.
Issuance of Summons or Warrants for Attendance
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.
Execution of Foreign Warrants in India
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.
Conditions on Transfer of Prisoners
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.
Conditions on Transfer of Prisoners to India
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.
⚖️ Legal Context and Purpose
Section 114 of the BNSS, 2023 establishes a framework for international legal cooperation in criminal matters. It outlines procedures for the execution of arrest warrants, attendance summonses, and the transfer of prisoners between India and contracting states. This section aims to facilitate the attendance of individuals in Indian courts for criminal proceedings and to ensure that individuals from India can be transferred to contracting states to face charges or serve sentences.
The section also addresses the conditions under which prisoners may be transferred between India and contracting states, ensuring that such transfers are conducted in a manner that respects the legal frameworks and agreements between the involved jurisdictions.
📚 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)
Section 114 of the BNSS corresponds to Section 105B of the Code of Criminal Procedure (Cr.P.C.), 1973. Both provisions deal with international cooperation in criminal matters, including the execution of warrants and the transfer of individuals between jurisdictions. The BNSS provision provides a more detailed and structured approach to these processes, reflecting contemporary needs for international legal cooperation.
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