Section 124 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 124 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Application of this Chapter
Section 124 of the BNSS, 2023 grants the Central Government the authority to modify the application of Chapter VIII of the BNSS concerning a contracting State with which India has established reciprocal arrangements. This modification can be made through a notification in the Official Gazette, specifying conditions, exceptions, or qualifications as deemed necessary.
Text of Section 124
The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.
Key Points
Authority: Empowers the Central Government to adjust the application of Chapter VIII provisions.
Scope: Applies to contracting States with which India has reciprocal arrangements.
Method: Modifications are made through a notification in the Official Gazette.
Flexibility: Allows for the specification of conditions, exceptions, or qualifications.
Purpose
This provision ensures that India's legal framework can adapt to international agreements, allowing for tailored approaches in matters such as extradition, mutual legal assistance, and the handling of foreign nationals involved in legal proceedings.
Illustrative Example
If India enters into a reciprocal arrangement with Country X regarding mutual legal assistance, Section 124 allows the Central Government to issue a notification specifying that certain provisions of Chapter VIII apply to Country X with specific conditions, such as the exclusion of certain offences or the requirement for dual criminality.
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