Code:
(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.
Explanation:
This section empowers a Magistrate to provide assistance to a person who desires to secure the transfer of another person from one State to another for the purpose of attending a criminal proceeding. The purpose of this section is to facilitate the smooth conduct of criminal proceedings by ensuring the presence of witnesses and accused persons in the relevant jurisdiction.
Illustration:
Imagine a situation where a witness resides in State A, and a criminal trial is ongoing in State B. To ensure the witness’s presence in court, the Magistrate in State A can, under Section 105B, issue necessary orders for the transfer of the witness to State B. This could involve providing financial assistance for travel and accommodation, or arranging for secure transportation.
Common Questions and Answers:
Q: Who can apply for assistance under Section 105B?
A: Any person who wishes to secure the transfer of another person from one State to another for the purpose of attending a criminal proceeding.
Q: What are the grounds for seeking assistance under Section 105B?
A: The applicant must demonstrate the necessity of the other person’s presence in the other State for the purpose of attending a criminal proceeding.
Q: What kind of assistance can the Magistrate provide under Section 105B?
A: The Magistrate can provide various forms of assistance, including:
- Financial aid for travel and accommodation
- Arrangement for secure transportation
- Issuing orders to the relevant authorities in the other State for the transfer of the person
Q: Can the Magistrate refuse to provide assistance under Section 105B?
A: Yes, the Magistrate can refuse to provide assistance if they are not satisfied that the grounds for the request are genuine or if there are compelling reasons to deny the application.
