Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 114
Assistance in securing transfer of persons
In one line
BNSS Section 114 deals with assistance in securing transfer of persons and replaces CrPC 105B.
Bare act text — BNSS 114
114. Assistance in securing transfer of persons.
(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) 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.
What changed from the CrPC
- CrPC 105B → BNSS 114: No change except the words "Notwithstanding anything contained in this code" are excluded.
Frequently asked
What was BNSS Section 114 in the CrPC?
BNSS Section 114 (Assistance in securing transfer of persons) replaces Section 105B of the Code of Criminal Procedure, 1973. CrPC 105B is now BNSS 114.
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Nearby BNSS sections
- BNSS 109 — Power to impound document, etc., produced
- BNSS 110 — Reciprocal arrangements regarding processes
- BNSS 111 — Definitions
- BNSS 112 — Letter of request to competent authority for investigation in a country or place outside India
- BNSS 113 — Letter of request from a country or place outside India to a Court or an authority for investigation in India
- BNSS 115 — Assistance in relation to orders of attachment or forfeiture of property
- BNSS 116 — Identifying unlawfully acquired property
- BNSS 117 — Seizure or attachment of property
- BNSS 118 — Management of properties seized or forfeited under this Chapter
- BNSS 119 — Notice of forfeiture of property
