Indian criminal procedure | Updated October 2026

Section 105L CrPC - Application of This Chapter | Section 124 BNSS

Section 105L of the Code of Criminal Procedure, 1973 empowered the Central Government to regulate the application of the reciprocal-assistance chapter in relation to contracting States. The corresponding current provision is Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Current legal position: The BNSS came into force on 1 July 2024, replacing the CrPC subject to the repeal and savings provisions in Section 531 BNSS. Section 124 BNSS substantially retains the wording of former Section 105L CrPC.

Text of Section 105L CrPC - Application of This Chapter

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

Section 124 BNSS, 2023 - Corresponding Provision

Section 124, titled Application of this Chapter, appears in Chapter VIII of the BNSS, dealing with reciprocal arrangements for assistance in certain matters and the procedure for attachment and forfeiture of property. Its operative text is:

Meaning and Legal Effect

What is a contracting State?

Under Section 111(a) BNSS, a contracting State means a country or place outside India in respect of which the Central Government has made arrangements with its government through a treaty or otherwise. The earlier definition appeared in Section 105A(a) CrPC.

Who may impose conditions?

The power belongs to the Central Government. It may specify how the provisions of Chapter VIII apply to a particular contracting State where reciprocal arrangements exist. The statute requires the direction to be made by a notification in the Official Gazette.

What are conditions, exceptions and qualifications?

Conditions: Requirements that must be satisfied when applying the chapter to a contracting State.
Exceptions: Specified circumstances in which a provision may not apply in the ordinary way.
Qualifications: Limitations or modifications governing the operation of the chapter for the relevant State.

The precise legal effect depends on the wording of the applicable Gazette notification and the underlying reciprocal arrangement. Section 124 does not itself identify particular countries or impose a universal set of country-specific conditions.

Scope of Reciprocal Assistance and Property Forfeiture

Chapter VIII BNSS (Sections 111 to 124) concerns cross-border cooperation in criminal matters, including letters of request, assistance in securing transfer of persons, and procedures for identifying, attaching and forfeiting proceeds of crime. Section 124 operates within this framework and should be read together with the relevant provisions and any applicable Central Government notification.

CrPC and BNSS - Section Reference

Earlier law	Current law	Subject
Section 105L CrPC, 1973	Section 124 BNSS, 2023	Application of the reciprocal-assistance chapter to contracting States
Section 105A(a) CrPC	Section 111(a) BNSS	Definition of contracting State
Section 105K CrPC	Section 123 BNSS	Procedure in respect of letters of request

Practical Considerations

When evaluating a cross-border request, it is important to identify the contracting State, verify the treaty or reciprocal arrangement, check for any applicable Gazette notification and determine whether the matter falls under the BNSS or remains governed by saved CrPC proceedings. The existence and terms of any relevant notification must be independently verified; the general statutory power does not prove that a particular notification has been issued.

Official Legislative Sources

Note: This article provides general statutory information. For a specific matter, consult the current Act, applicable Gazette notifications, reciprocal arrangements and any relevant court orders.