Law and You >Procedural Laws > BNSS > Reciprocal Arrangements Regarding Processes (S. 110 BNSS)
With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, India has sought to modernize its criminal procedure framework while preserving key structural elements of the earlier Code of Criminal Procedure (CrPC), 1973. Among the important areas covered by the BNSS is the mechanism of reciprocal arrangements regarding service of summons, warrants, and judicial processes with foreign jurisdictions. These provisions are crucial in today’s increasingly globalized world, where crime often transcends national boundaries. The BNSS provides a legal foundation for mutual legal assistance, ensuring that Indian authorities can both seek and provide cooperation in criminal matters across borders or across jurisdictions. This part of the law facilitates internal and international coordination, strengthens law enforcement, and upholds the rule of law beyond domestic confines. This article explores the scope, significance, and procedural aspects of reciprocal arrangements regarding processes under the BNSS, highlighting how they contribute to a more responsive and interconnected criminal justice system.
S. 110 BNSS:
Reciprocal Arrangements Regarding Processes:
(1) Where a Court in the territories to which this Sanhita 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, 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 70 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, 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 specified by sections 82 and 83;
(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 specified by section 104:
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.
Section 110 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) addresses reciprocal arrangements regarding processes. The section specifically covers summons to accused persons or witnesses, arrest warrants, and search warrants.
The provision deals with how courts in India can cooperate with other courts within India (outside their local jurisdiction) and with courts in foreign countries to serve and execute legal documents such as summonses, arrest warrants, and search warrants.
- Inter-State Cooperation: It allows Indian courts to send summonses or warrants to courts in other states for service or execution, ensuring legal actions are not restricted by state boundaries. Under the provision of S. 110 BNSS courts are obligated to serve or execute legal documents received from other Indian states as if they were issued locally.
- International Cooperation: It enables Indian courts to send legal documents to foreign countries (contracting states with which India has a mutual legal assistance agreement) for similar purposes. Under the provision of S. 110 BNSS courts are obligated to serve or execute legal documents received from foreign contracting country as if they were issued locally.
In international cases, the Central Government determines the format, authority, and channel for transmitting such documents.
If an arrest warrant is executed, the arrested person must be dealt with according to sections 82 and 83 of BNSS. If a search warrant is executed, the items found must be handled according to Section 104 of BNSS.
Conclusion:
The provisions relating to reciprocal arrangements under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, underscore India’s commitment to local inter-court and international cooperation in criminal justice. By enabling the service of summons, warrants, and other judicial processes across borders or jurisdictions, the BNSS addresses the challenges posed by transnational crimes in a globalized era. These legal mechanisms not only facilitate smoother coordination with different domestic jurisdictions and foreign jurisdictions but also ensure that offenders cannot evade justice merely by crossing local or national boundaries.