Section 110 BNSS: Reciprocal arrangements regarding processes

Section 110 BNSS Bare Act Text

(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.

Source: Section 110, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 110 BNSS in Simple Words

When Section 110 BNSS Applies

• Under Section 110(1)(i) BNSS, a Court may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of a Court within whose local jurisdiction in any State or area in India outside the said territories it shall be served or executed.
• Under Section 110(1)(i) BNSS, where any summons referred to in Section 110(1)(a) BNSS or Section 110(1)(c) BNSS has been so served, the provisions of Section 70 BNSS 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.
• Under Section 110(1)(ii) BNSS, for service or execution 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, the contracting State, a Court 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.
• Under Section 110(2) BNSS, a Court in the said territories that has received for service or execution a summons or warrant issued by a Court in any State or area in India outside the said territories, or by a Court, Judge or Magistrate in a contracting State, 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.
• Under Section 110(2)(i) BNSS, where 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 BNSS.
• Under Section 110(2)(ii) BNSS, where 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 BNSS.
• The proviso to Section 110(2) BNSS applies 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.

Example of Section 110 BNSS

When Section 110 BNSS Does Not Apply

• Section 110 BNSS speaks of the service or execution of a summons or warrant sent to, or received from, another Court. It does not deal with a letter of request to a competent authority for investigation in a country or place outside India, the subject of Section 112 BNSS.
• Section 110 BNSS speaks of a summons to an accused person, or requiring a person to attend and produce a document or other thing, sent or received through another Court. It does not deal with the service of a summons on a witness by post, the subject of Section 71 BNSS.

Section 110 BNSS in the CrPC (Previous Law)

FAQs on Section 110 BNSS

Section 110 BNSS: Sub-sections Explained