CrPC 105 — Reciprocal arrangements regarding processes

Code of Criminal Procedure, 1973

Statutory text

(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.]

[CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY

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