BNSS 114 — Assistance in securing transfer of persons.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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