Section 105 CrPC: Reciprocal Arrangements for Legal Processes – India’s Code of Criminal Procedure

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Section 105 CrPC: Reciprocal Arrangements for Legal Processes

This section deals with the execution of legal processes (such as summons, warrants, etc.) in India when they relate to cases in foreign countries with whom India has entered into reciprocal arrangements.

Explanation

Section 105 CrPC empowers Indian courts to execute legal processes issued by courts in foreign countries, subject to certain conditions. It lays down the procedure for receiving and executing such processes.

Illustration

Suppose an Indian citizen residing in the United Kingdom is accused of committing a crime in India. The Indian court can issue a warrant for their arrest. To execute this warrant in the UK, India must have a reciprocal arrangement with the UK. Under Section 105 CrPC, the Indian court can send the warrant to the appropriate UK authority, and the UK court can then execute the warrant.

Common Questions and Answers

Q: What are the conditions for executing legal processes issued by foreign courts?

  • There must be a reciprocal arrangement between India and the foreign country.
  • The legal process must be properly authenticated.
  • The process must be transmitted through the proper channels.
  • The process must be in accordance with the laws of India.

Q: What happens if India does not have a reciprocal arrangement with a foreign country?

If there is no reciprocal arrangement, the execution of legal processes issued by the foreign court will not be possible under Section 105 CrPC. However, the Indian court may consider other legal avenues to execute the process.

Q: What is the role of the Central Government in this process?

The Central Government plays a vital role in facilitating the execution of legal processes. It is responsible for negotiating and entering into reciprocal arrangements with foreign countries. It also handles the transmission of legal processes between the courts of India and foreign countries.

Also Read  Section 312 CrPC: Expenses of Complaints & Witnesses in India's Criminal Procedure Code
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