Section 110 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

Section 110 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

110. (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.

 

 

Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh

+91-9463742964

advanoopverma@gmail.com

www.vlaoffice.com/contact-us

 

Leave a Reply

%d bloggers like this: