(1) 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. (2) 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. (3) 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. (4) 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. (5) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 114
Assistance in securing transfer of persons
⚡ Quick Answer Reference: Section 114 BNSS
- Provision: Section 114 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows Indian courts to request and execute warrants in other countries that have a contract with India, and also to receive and execute warrants from those countries.
What does Section 114 of BNSS say?
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What does Section 114 of BNSS mean?
Plain English Explanation
This section allows Indian courts to request and execute warrants in other countries that have a contract with India, and also to receive and execute warrants from those countries.
Practical Interpretation
In practice, this section enables cooperation between India and other contracting states in criminal matters, facilitating the execution of warrants and the transfer of persons.
Core Legal Purpose
The core purpose of this section is to establish a framework for international cooperation in criminal matters, ensuring that Indian courts can obtain assistance from and provide assistance to courts in other contracting states.
- •A court in India must send a warrant in duplicate to a specified court, judge, or magistrate in a contracting state.
- •The investigating officer or a superior officer must apply for a summons or warrant if a person's attendance is required in connection with an investigation or inquiry.
- •The court must be satisfied that the attendance of the person is required and that the warrant should be issued.
- •The section does not apply to cases where the person is not in a contracting state or where the court does not have jurisdiction.
Practical Example of Section 114 BNSS
For example, if Rajesh is accused of a crime in India and is currently in the United States, which has a contract with India, the Indian court can send a warrant to a US court to execute and transfer Rajesh to India. Similarly, if a US court issues a warrant for a person in India, the Indian court can execute the warrant and transfer the person to the US.
Frequently Asked Questions about Section 114 BNSS
Q: What is the punishment or consequence under Section 114 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, judges, and magistrates in India and contracting states, and to individuals who are the subject of a warrant or summons.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to bailable or cognizable offences.
Common Questions about Section 114 BNSS
What is Section 114 of BNSS?
Section 114 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Assistance in securing transfer of persons". In plain terms: This section allows Indian courts to request and execute warrants in other countries that have a contract with India, and also to receive and execute warrants from those countries.
What is the punishment under Section 114 of BNSS?
Section 114 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 114 of BNSS bailable or non-bailable?
Whether Section 114 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 114 of BNSS?
The essential elements of Section 114 of BNSS are: A court in India must send a warrant in duplicate to a specified court, judge, or magistrate in a contracting state.; The investigating officer or a superior officer must apply for a summons or warrant if a person's attendance is required in connection with an investigation or inquiry.; The court must be satisfied that the attendance of the person is required and that the warrant should be issued..
Landmark Judgments under Section 114 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 114
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