This section itself creates cooperation agreements with foreign countries.

It doesn't create the agreements—it only lets the government notify how existing chapter rules apply to a country once a reciprocal arrangement already exists.

The government can apply this chapter to any country it wants without conditions.

The section only applies to 'contracting States'—countries with which reciprocal arrangements have already been made—and any application must be through a published Gazette notification, which can include conditions or exceptions.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 124

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.§

Why this exists

This chapter deals with reciprocal legal arrangements between India and other countries, such as serving summons, executing warrants, or gathering evidence across borders. Because every country's legal system and treaty terms differ, Parliament gave the Central Government flexibility to tailor how these rules apply country by country, rather than applying one rigid rule to every foreign state. This mirrors similar provisions in the earlier Code of Criminal Procedure, which allowed government notifications to adapt cross-border cooperation chapters to each treaty partner.

Common misconceptions

Myth: This section itself creates cooperation agreements with foreign countries.
Fact: It doesn't create the agreements—it only lets the government notify how existing chapter rules apply to a country once a reciprocal arrangement already exists.
Myth: The government can apply this chapter to any country it wants without conditions.
Fact: The section only applies to 'contracting States'—countries with which reciprocal arrangements have already been made—and any application must be through a published Gazette notification, which can include conditions or exceptions.