BNSS Section 110: Reciprocal arrangements regarding processes
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 7: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (A.—Summons to produce, B.—Search-warrants, C.—General provisions relating to searches, D.—Miscellaneous)
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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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 94. Summons to produce document or other thing
- 95. Procedure as to letters
- 96. When search-warrant may be issued
- 97. Search of place suspected to contain stolen property, forged documents, etc
- 98. Power to declare certain publications forfeited and to issue search-warrants for same
- 99. Application to High Court to set aside declaration of forfeiture
- 100. Search for persons wrongfully confined
- 101. Power to compel restoration of abducted females
- 102. Direction, etc., of search-warrants
- 103. Persons in charge of closed place to allow search
- 104. Disposal of things found in search beyond jurisdiction
- 105. Recording of search and seizure through audio-video electronic means
- 106. Power of police officer to seize certain property
- 107. Attachment, forfeiture or restoration of property
- 108. Magistrate may direct search in his presence
- 109. Power to impound document, etc., produced