Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 114: Assistance in securing transfer of persons
(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.
Brief Detail
This section outlines the procedures for securing the transfer of persons between India and contracting states in relation to criminal matters. It describes how warrants for arrest and summons can be executed in contracting states and sets forth conditions regarding the custody and transfer of prisoners.
Question & Answers
What does Section 114 address?
It addresses the procedures for transferring persons between India and contracting states in criminal matters.
How does a Court in India execute a warrant in a contracting state?
The Court sends the warrant in duplicate to the appropriate Court, Judge, or Magistrate in the contracting state through an authority specified by the Central Government.
What must happen for a person's attendance to be required from a contracting state?
An application must be made by the investigating officer, and the Court must be satisfied that the person's attendance is required for the investigation or inquiry.
What happens if a warrant is received from a contracting state?
The warrant is executed as if it were issued by another Court in India.
What conditions may be imposed on a prisoner transferred to a contracting state?
The Court in India or the Central Government may impose conditions deemed fit for the transfer.
Example
- A Court in India needs to summon a witness located in a contracting state for a criminal investigation.
- The Court issues a warrant and sends it to the appropriate authority as specified by the Central Government.
- The contracting state executes the warrant, ensuring the witness appears in court in India.
- If the witness is a prisoner, the Court in India imposes conditions on their custody during the transfer.
Summary
Section 114 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for the transfer of persons between India and contracting states for criminal matters. It facilitates international cooperation in legal proceedings by allowing warrants and summons to be executed across borders while ensuring compliance with applicable conditions regarding custody.
