CrPC 105B→BNSS 114

CrPC 105B to BNSS 114: Assistance in securing transfer of persons

Section 105B CrPC (1973) replaced by Section 114 BNSS (2023)

View CrPC Section 105B →View BNSS Section 114 →

CrPC 105B to BNSS 114 at a Glance

Section 105B CrPC (Assistance in securing transfer of persons) is now Section 114 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 105B to BNSS 114?

Section 105B of the Code of Criminal Procedure, 1973 is found in Section 114 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 114(2) BNSS has no counterpart to the opening words of Section 105B(2) CrPC, which read notwithstanding anything contained in this Code. The rest of the text is the same.

CrPC 105B vs BNSS 114: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section105B114
HeadingAssistance in securing transfer of personsSame
Sub-sections5 sub-sectionsSame

CrPC 105B and BNSS 114: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 105B, CrPC 1973

105B. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.
BNSS 2023 (in force)

Section 114, BNSS 2023

114. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) If, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

When It Applies: CrPC 105B vs BNSS 114

Under CrPC 105B
  1. Section 105B(1) CrPC applies where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing shall be executed in any place in a contracting State; the Court shall send the warrant in duplicate in such form to such Court, Judge or Magistrate through such authority as the Central Government may specify by notification.
  2. Notwithstanding anything contained in this Code, Section 105B(2) CrPC applies where, in the course of an investigation or any inquiry into an offence, the investigating officer or any officer superior in rank to the investigating officer applies that the attendance of a person in a contracting State is required and the Court is satisfied that such attendance is so required; the Court shall issue a summons or warrant, in duplicate.
  3. Section 105B(3) CrPC applies where a Court in India has received a warrant for arrest of any person, issued by a Court, Judge or Magistrate in a contracting State; the warrant shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits.
  4. Section 105B(4) CrPC applies where a person transferred to a contracting State pursuant to Section 105B(3) CrPC is a prisoner in India; the Court in India or the Central Government may impose such conditions as that Court or Government deems fit.
  5. Section 105B(5) CrPC applies where the person transferred to India pursuant to Section 105B(1) CrPC or Section 105B(2) CrPC is a prisoner in a contracting State; the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with.
Under BNSS 114
  1. Section 114(1) BNSS applies where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing shall be executed in any place in a contracting State; the Court shall send the warrant in duplicate in such form to such Court, Judge or Magistrate through such authority as the Central Government may specify by notification.
  2. Section 114(2) BNSS applies where, in the course of an investigation or any inquiry into an offence, the investigating officer or any officer superior in rank to the investigating officer applies that the attendance of a person in a contracting State is required and the Court is satisfied that such attendance is so required; the Court shall issue a summons or warrant, in duplicate.
  3. Section 114(3) BNSS applies where a Court in India has received a warrant for arrest of any person, issued by a Court, Judge or Magistrate in a contracting State; the warrant shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits.
  4. Section 114(4) BNSS applies where a person transferred to a contracting State pursuant to Section 114(3) BNSS is a prisoner in India; the Court in India or the Central Government may impose such conditions as that Court or Government deems fit.
  5. Section 114(5) BNSS applies where the person transferred to India pursuant to Section 114(1) BNSS or Section 114(2) BNSS is a prisoner in a contracting State; the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with.

What CrPC 105B to BNSS 114 Means in Practice

Section 114(1) BNSS, Section 114(3) BNSS, Section 114(4) BNSS and Section 114(5) BNSS read as Section 105B(1) CrPC, Section 105B(3) CrPC, Section 105B(4) CrPC and Section 105B(5) CrPC read. Only the opening words of Section 114(2) BNSS differ.

FAQs: CrPC 105B to BNSS 114

Which BNSS section is Section 105B CrPC from 1 July 2024?▼

Section 114 BNSS, under the same heading. Section 105B(1) CrPC is found in Section 114(1) BNSS, Section 105B(2) CrPC is found in Section 114(2) BNSS, Section 105B(3) CrPC is found in Section 114(3) BNSS, Section 105B(4) CrPC is found in Section 114(4) BNSS and Section 105B(5) CrPC is found in Section 114(5) BNSS.

Does Section 114(2) BNSS open with the same words as Section 105B(2) CrPC?▼

No. Section 114(2) BNSS has no counterpart to the opening words of Section 105B(2) CrPC, which read notwithstanding anything contained in this Code.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·