Code:
The Central Government may, by notification in the Official Gazette, direct that
the application of this Chapter in relation to a contracting State with which reciprocal
arrangements have been made, shall be subject to such conditions, exceptions or
qualifications as are specified in the said notification.
Explanation
Section 124 BNSS grants flexibility to the Central Government in regulating international legal cooperation. It allows India to:
- Modify legal cooperation procedures with different countries.
- Ensure compliance with treaties and diplomatic agreements.
- Adapt rules based on the terms negotiated with each country.
Key Provisions:
- Government Authority:
- The Central Government determines how legal cooperation applies to each country.
- Reciprocal Arrangements:
- Applies only to contracting States with which India has mutual legal assistance agreements.
- Official Notifications:
- Any exceptions or special conditions must be published in the Official Gazette.
Illustration:
Imagine India has a reciprocal extradition treaty with the United States. This treaty may have specific conditions, exceptions, or qualifications regarding the extradition process. For instance, it might specify that certain offenses are not extraditable, or that certain procedural safeguards must be followed. Section 185 allows the Central Government to implement these specific provisions through a notification in the Official Gazette.
Common Questions and Answers:
- Q: What are “reciprocal arrangements”?
A: Reciprocal arrangements refer to agreements or treaties between two or more countries that establish mutual obligations and benefits regarding extradition, criminal justice cooperation, or other legal matters.
- Q: Can the Central Government modify any part of Chapter VII through notification?
A: No, the notification can only be made for contracting States with which reciprocal arrangements exist. It cannot be used to unilaterally modify the application of Chapter VII in general.
- Q: What is the purpose of this section?
A: The purpose is to ensure that the extradition process under the BNSS is consistent with the specific terms and conditions of international agreements that India has entered into with other countries.
