सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 110

Reciprocal arrangements regarding processes

Why this exists

Criminal cases often need evidence, witnesses, or accused persons located outside a court's own jurisdiction—sometimes in another Indian territory not covered by this law, sometimes abroad. Before formal cooperation mechanisms, courts had no clear way to get another jurisdiction's help enforcing summons, warrants, or searches. This provision (carried forward from Section 105 of the earlier Code of Criminal Procedure) creates a standard channel—through court-to-court transmission domestically, and through Central Government-notified arrangements internationally (mutual legal assistance treaties)—so that criminal process can cross borders in an orderly, treaty-backed way.

Common misconceptions
  • Myth: Indian courts can send warrants to any foreign country and expect automatic action.
    Fact: The section only works with countries where the Central Government has made a formal arrangement (like a treaty) and notified the specific procedure to use.
  • Myth: A warrant received from a foreign court is treated as less binding than a domestic one.
    Fact: The section says such warrants must be executed exactly as if they came from another Indian court in the same area, following the usual arrest, search, and produce-before-magistrate procedures.