Code
(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,
1[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,
1 [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:
2[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.]
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.
