Section 105B CrPC: Assistance in securing transfer of persons

What Section 105B CrPC Says

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.

Source: Section 105B, Code of Criminal Procedure, 1973

Section 105B CrPC in Simple Words

When Section 105B CrPC Applies

• 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.

Example of Section 105B CrPC

When Section 105B CrPC Does Not Apply

• Section 105B CrPC speaks of the transfer of persons to and from a contracting State. It does not deal with the meaning of a contracting State, which Section 105A CrPC covers under the heading Definitions.
• Section 105B CrPC speaks of a warrant for arrest or a summons or warrant sent to a contracting State. It does not deal with a letter of request to examine a person or collect evidence, which Section 166A CrPC covers under the heading Letter of request to competent authority for investigation in a country or place outside India.

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