Bharatiya Nagarik Suraksha Sanhita, 2023
Section 110
Reciprocal arrangements regarding processes
(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. ATTACHMENT AND FORFEITURE OF PROPERTY
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.