(1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by it shall be served or executed at any place,— (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf. (2) Where a Court in the said territories has received for service or execution— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by— (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where— (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83; (ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104: Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf.
Bharatiya Nagarik Suraksha Sanhita
Section 110
Reciprocal arrangements regarding processes
⚡ Quick Answer Reference: Section 110 BNSS
- Provision: Section 110 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section allows courts to send and receive legal documents like summons and warrants to and from other courts in India and abroad, facilitating cooperation in criminal matters.
What does Section 110 of BNSS say?
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What does Section 110 of BNSS mean?
Plain English Explanation
This section allows courts to send and receive legal documents like summons and warrants to and from other courts in India and abroad, facilitating cooperation in criminal matters.
Practical Interpretation
In practice, this section enables efficient service and execution of legal processes across different jurisdictions, ensuring that courts can effectively pursue cases involving individuals or evidence located outside their immediate territory.
Core Legal Purpose
The core purpose is to establish a framework for reciprocal arrangements regarding legal processes, enhancing cooperation and the effectiveness of the justice system across different geographical areas.
- •A court must desire to serve or execute a legal process such as a summons or warrant at a place outside its local jurisdiction.
- •The place where the process is to be served or executed must be either within the local jurisdiction of another court in India or in a contracting state with which the Central Government has made arrangements.
- •The key legal test is whether the arrangements for service or execution are made in accordance with the provisions specified by the Central Government.
- •A key exception or limitation is that the provisions of section 70 apply differently when a summons is served through another court's presiding officer.
Practical Example of Section 110 BNSS
For instance, if Rajesh, a resident of Mumbai, is accused of a crime that was investigated in Delhi, the court in Delhi can send a summons to Rajesh in Mumbai through the presiding officer of a court in Mumbai, ensuring that legal processes are efficiently served across different jurisdictions. Similarly, if evidence related to a case in an Indian court is located in a contracting state, the Indian court can request the execution of a search warrant in that state, facilitating international cooperation in criminal matters.
Frequently Asked Questions about Section 110 BNSS
Q: What is the punishment or consequence under Section 110 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to courts and their processes, which can involve both private individuals and public entities in the context of criminal matters.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable; it pertains to the service and execution of legal processes.
Common Questions about Section 110 BNSS
What is Section 110 of BNSS?
Section 110 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Reciprocal arrangements regarding processes". In plain terms: This section allows courts to send and receive legal documents like summons and warrants to and from other courts in India and abroad, facilitating cooperation in criminal matters.
What is the punishment under Section 110 of BNSS?
Section 110 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 110 of BNSS bailable or non-bailable?
Whether Section 110 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 110 of BNSS?
The essential elements of Section 110 of BNSS are: A court must desire to serve or execute a legal process such as a summons or warrant at a place outside its local jurisdiction.; The place where the process is to be served or executed must be either within the local jurisdiction of another court in India or in a contracting state with which the Central Government has made arrangements.; The key legal test is whether the arrangements for service or execution are made in accordance with the provisions specified by the Central Government..
Landmark Judgments under Section 110 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 110
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