Section Text
105.Reciprocal arrangements regarding processes. (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,
2*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 sent 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
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1 Ins. by Act 45 of 1978, s. 10 (w.e.f. 18-12-1978).
2 Subs. by Act 32 of 1988, S. 2.
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854
(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 is 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 form 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 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:
1*[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.
CHAP
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR