CrPC 105B — Assistance in securing transfer of persons

Code of Criminal Procedure, 1973

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) 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.

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