Section 105B CrPC: Assistance in Securing Transfer of Persons
Section 105B of the Code of Criminal Procedure, 1973 provided a mechanism for Indian courts and courts in contracting States to cooperate in securing the attendance or transfer of persons in criminal matters. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 114 BNSS.
Purpose and scope of Section 105B CrPC
The provision concerns reciprocal judicial assistance where the attendance of a person, or production of a document or other thing, is sought across national borders. It does not itself confer an unrestricted power on Indian authorities to make arrests abroad: the process operates through designated authorities, courts and applicable arrangements with the foreign State.
For this Chapter, a contracting State is a country or place outside India with whose government the Central Government has made arrangements by treaty or otherwise. This definition appears in Section 105A CrPC and corresponds to Section 111 BNSS.
Explanation of the five subsections
Subsection (1): Execution abroad of a warrant issued by an Indian court
When an Indian court requires a warrant for arrest, for attendance or production of a document or other thing in a criminal matter, to be executed in a contracting State, the warrant must be sent in duplicate in the prescribed form. It is transmitted to the designated foreign court, judge or magistrate through the authority specified by Central Government notification. The receiving judicial authority arranges its execution.
Subsection (2): Attendance of a person abroad during investigation or inquiry
If an investigating officer or an officer superior in rank applies for the attendance of a person located in a contracting State, the Indian court must be satisfied that the attendance is required for the investigation or inquiry. The court then issues a summons or warrant in duplicate, in the notified form, for service or execution through the appropriate foreign judicial authority.
Subsection (3): Execution in India of a warrant from a contracting State
Where an Indian court receives a warrant from a court, judge or magistrate of a contracting State requiring a person to attend, or attend and produce a document or other thing, before a court or investigating agency, the Indian court executes it as though it were a warrant received from another Indian court for execution within its territorial jurisdiction.
Subsection (4): Conditions for transfer of a prisoner from India
When a person transferred to a contracting State pursuant to subsection (3) is a prisoner in India, the Indian court or the Central Government may impose conditions considered appropriate for that transfer.
Subsection (5): Conditions for a prisoner transferred to India
Where a prisoner in a contracting State is transferred to India under subsection (1) or (2), the Indian court must ensure compliance with the conditions of transfer. The prisoner is to be kept in custody under the conditions directed in writing by the Central Government.
Section 114 BNSS: Corresponding provision under current law
Section 114 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Assistance in securing transfer of persons", substantially carries forward the framework of Section 105B CrPC. Its five subsections address outward execution of warrants, attendance during investigation or inquiry, inward execution of warrants, conditions for prisoners transferred abroad, and custody conditions for prisoners brought into India.
Related provisions include Section 110 BNSS (reciprocal arrangements regarding processes), Section 111 BNSS (definitions), Sections 112 and 113 BNSS (letters of request for investigation abroad and in India), and Section 124 BNSS (application of the Chapter).
Practical requirements for international assistance
A court or investigating agency should identify the relevant contracting State, ascertain the applicable treaty or reciprocal arrangement, confirm the notified channel and prescribed form, and specify the purpose for which the person's attendance or documents are needed. If a prisoner is involved, the transfer and custody conditions require particular attention. The statutory mechanism is distinct from extradition, which is governed by separate law and applicable treaties.
Official statutory references
Bureau of Police Research and Development: New Criminal Laws and BNSS text
National Crime Records Bureau: BNSS sections and headings
Ministry of Home Affairs: Official new criminal laws resources
Frequently asked questions
What is Section 105B CrPC?
It provided the procedure for assistance in securing the attendance or transfer of persons between India and contracting States in criminal matters, including service and execution of summons or warrants and conditions governing prisoner transfers.
What is the corresponding section in BNSS?
Section 114 BNSS, titled "Assistance in securing transfer of persons", corresponds to Section 105B CrPC.
Can an Indian court directly execute a warrant in another country?
No. The provision requires transmission through the notified authority to the competent court, judge or magistrate in the contracting State, subject to the applicable international arrangement.
Does the old CrPC still apply to pending proceedings?
The CrPC was repealed on 1 July 2024, but Section 531 BNSS contains savings for specified pending proceedings. The procedural law applicable to an individual matter depends on its status and the statutory savings.
Legal information: This article provides a general explanation of the legislation. Specific requests for international cooperation depend on notifications, applicable treaties, and case facts.