CrPC 105B to BNSS 114: Assistance in securing transfer of persons
Section 105B CrPC (1973) replaced by Section 114 BNSS (2023)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 105B | 114 |
| Heading | Assistance in securing transfer of persons | Same |
| Sub-sections | 5 sub-sections | Same |
CrPC 105B and BNSS 114: Bare Act Text Side by Side
Section 105B, CrPC 1973
Section 114, BNSS 2023
When It Applies: CrPC 105B vs BNSS 114
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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 ·