Section 110 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 110 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 110 of the BNSS, 2023, pertains to the reciprocal arrangements regarding processes in criminal matters. It facilitates the service and execution of legal documents such as summons, arrest warrants, search warrants, and orders to produce documents or things, both within India and internationally, through established agreements.
🔹 Key Provisions of Section 110
Subsection (1): Sending Documents for Service or Execution
When a court in the territories to which the BNSS extends (referred to as "the said territories") wishes to have a legal document served or executed outside its jurisdiction, it may:
Within India (Outside the Said Territories): Send the document in duplicate to the presiding officer of the relevant court in another state or area in India. The recipient court will then serve or execute the document as if it were issued within its own jurisdiction.
Outside India (Contracting States): Send the document in duplicate to the appropriate authority in a foreign country with which the Government of India has a reciprocal arrangement for the service or execution of legal documents in criminal matters. The Central Government specifies the form and transmission authority for such documents.
Subsection (2): Receiving Documents for Service or Execution
When a court in the said territories receives a legal document for service or execution from:
Within India (Outside the Said Territories): It will treat the document as if it were issued by another court within its own jurisdiction and proceed accordingly.
Outside India (Contracting States): It will serve or execute the document as if it were issued by a court within its jurisdiction. Any documents or items produced or found during execution will be forwarded to the issuing court through an authority specified by the Central Government.
🔹 Purpose and Significance
Section 110 aims to streamline the process of serving and executing legal documents across different jurisdictions, both within India and internationally. By establishing reciprocal arrangements, it ensures that legal procedures are efficiently carried out, even when parties are located outside the immediate jurisdiction of the issuing court.
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