Section 105 CrPC: Reciprocal arrangements regarding processes

Code of Criminal Procedure, 1973

Section 105 CrPC at a Glance

Section 105 CrPC deals with reciprocal arrangements regarding processes. From 1 July 2024 it is replaced by Section 110 BNSS.

Now BNSS

Section 110 →

What Section 105 CrPC Says

105. Reciprocal arrangements regarding processes
(1) Where a Court in the territories to which this Code 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 68 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 prescribed by sections 80 and 81, (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 prescribed by section 101:
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 105, Code of Criminal Procedure, 1973

Section 105 CrPC in Simple Words

Section 105 of the Code of Criminal Procedure, 1973 deals with reciprocal arrangements regarding processes. It covers a summons to an accused person and a warrant for the arrest of an accused person. It also covers a summons to any person requiring attendance and production of a document or other thing, or production of it, and a search-warrant. The first sub-section applies where a Court in the territories to which the Code extends, called the said territories, wants one of these served or executed at any place. If the place is within the local jurisdiction of a Court in a State or area in India outside the said territories, the Court may send the process to the presiding officer of that Court. It may send the summons or warrant in duplicate, by post or otherwise, to be served or executed. Where a summons to an accused person, or a summons requiring attendance and production, has been served that way, section 68 of the Code shall apply to it.

It applies as if the presiding officer of the receiving Court were a Magistrate in the said territories. The place may instead be in a country or place outside India with which the Central Government has made arrangements for service or execution of summons or warrant in criminal matters. That country or place is called a contracting State. There the Court may send the summons or warrant in duplicate. It may be sent in the form, directed to the Court, Judge or Magistrate, and sent to the authority for transmission, that the Central Government may specify by notification. The second sub-section applies where a Court in the said territories has received any of those kinds of process for service or execution. The process may come from a Court in a State or area in India outside the said territories, or from a Court, Judge or Magistrate in a contracting State.

The receiving Court shall cause it to be served or executed as if it were a summons or warrant received from another Court in the said territories for service or execution within its local jurisdiction. If a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with under the procedure prescribed by sections 80 and 81 of the Code. If a search-warrant has been executed, the things found shall, so far as possible, be dealt with under the procedure prescribed by section 101 of the Code. The proviso applies where a summons or search-warrant received from a contracting State has been executed. The documents or things produced, or the things found in the search, shall be forwarded to the Court issuing the summons or search-warrant through the authority that the Central Government may specify by notification.

When Section 105 CrPC Applies

Under Section 105(1)(i) CrPC, 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 105(1)(i) CrPC, where any summons referred to in Section 105(1)(a) CrPC or Section 105(1)(c) CrPC has been so served, the provisions of Section 68 CrPC 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 105(1)(ii) CrPC, 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 105(2) CrPC, 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 105(2)(i) CrPC, where a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by Sections 80 and 81 CrPC.
Under Section 105(2)(ii) CrPC, 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 prescribed by Section 101 CrPC.
The proviso to Section 105(2) CrPC 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 105 CrPC

A Court in the territories to which this Code extends desires that a summons to Ramesh, an accused person, shall be served at a place within the local jurisdiction of a Court in a State in India outside the said territories. It may send the summons in duplicate by post or otherwise, to the presiding officer of that Court to be served. Later, the Court receives a search-warrant issued by a Court in a contracting State, and shall cause the search-warrant to be executed as if it were a search-warrant received by it from another Court in the said territories. When the search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by Section 101 CrPC, and shall be forwarded to the Court issuing the search-warrant through such authority as the Central Government may, by notification, specify in this behalf.

When Section 105 CrPC Does Not Apply

Section 105 CrPC 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 166A CrPC.
Section 105 CrPC 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 69 CrPC.

Section 105 CrPC Under BNSS 110: What Changed

Section 105 CrPC is now covered under Section 110 BNSS.

Section 110 BNSS has the same heading as Section 105 CrPC. Section 110(1) BNSS reads this Sanhita where Section 105(1) CrPC read this Code. Section 110(1)(i) BNSS refers to Section 70 BNSS where Section 105(1)(i) CrPC referred to Section 68 CrPC. Section 110(2)(i) BNSS and Section 110(2)(ii) BNSS read specified where Section 105(2)(i) CrPC and Section 105(2)(ii) CrPC read prescribed, and refer to Sections 82 and 83 BNSS and Section 104 BNSS where Section 105(2) CrPC referred to Sections 80 and 81 CrPC and Section 101 CrPC. The rest of Section 110 BNSS reads the same as Section 105 CrPC.

View detailed comparison (CrPC 105 vs BNSS 110) →

FAQs on Section 105 CrPC

How may a Court send a summons or warrant outside the territories to which the Code extends under Section 105 CrPC?▼

Under Section 105(1)(i) CrPC, 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 105(1)(ii) CrPC, for a country or place outside India in respect of which arrangements have been made by the Central Government, 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.

What must a Court do with a summons or warrant it receives under Section 105(2) CrPC?▼

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.

What follows when a warrant of arrest or a search-warrant has been executed under Section 105(2) CrPC?▼

Under Section 105(2)(i) CrPC, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by Sections 80 and 81 CrPC. Under Section 105(2)(ii) CrPC, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by Section 101 CrPC. Under the proviso to Section 105(2) CrPC, 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.

Where is Section 105 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 105(1) CrPC is found in Section 110(1) BNSS and Section 105(2) CrPC in Section 110(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·