Section 110 provides framework for execution of summons and warrants outside the country through reciprocal arrangements.
Facilitates international cooperation in criminal proceedings involving cross-border processes.
Introduction
Section 110 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) enables execution of summons, warrants, and other criminal processes outside India through reciprocal arrangements with foreign jurisdictions. The provision allows courts to transmit processes to foreign authorities in accordance with agreements or notified arrangements between governments.
It strengthens international cooperation in criminal justice administration involving transnational elements.
Objective of the Provision
The objectives of Section 110 BNSS are
- to facilitate service of criminal process beyond national territory
- to enable cooperation with foreign courts and authorities
- to ensure presence of persons located outside India
- to strengthen effectiveness of cross-border criminal investigations
The provision ensures continuity of criminal proceedings in cases involving foreign jurisdictions.
Meaning / Concept
Reciprocal Arrangements
Reciprocal arrangements refer to mutual legal assistance frameworks between governments under which courts of one country may request execution of criminal processes in another country.
Such arrangements are usually notified by the Central Government.
Service of Processes Abroad
Processes covered under the section include
- summons
- warrants
- judicial orders requiring appearance
- other procedural communications
These may be transmitted to foreign courts or authorities for execution.
Thus, the provision enables lawful international enforcement of criminal procedure.
Detailed Explanation of the Section
Section 110 BNSS provides that
- where the Central Government has entered into reciprocal arrangements with foreign States
- criminal courts may send summons, warrants, or other processes to authorities in those jurisdictions
- such transmission shall take place in the manner specified by notification or agreement
The provision further ensures that
- foreign processes received under reciprocal arrangements may also be executed within India
- execution must follow procedures consistent with domestic law
Key features include
- applicability only where reciprocal arrangements exist
- involvement of Central Government notification
- mutual recognition of procedural requests
- facilitation of cross-border service of process
These safeguards ensure structured cooperation between jurisdictions.
Procedure or Legal Framework
The procedural framework under Section 110 BNSS generally includes
- existence of reciprocal arrangement notified by Central Government
- issuance of summons or warrant by criminal court
- transmission of process to foreign authority through prescribed channel
- execution by competent authority in foreign jurisdiction
- receipt of compliance report before issuing court
Similarly, processes received from foreign jurisdictions may be executed within India according to law.
Judicial Interpretation
Courts have recognized the importance of international cooperation in execution of criminal processes involving foreign jurisdictions.
In CBI v. V.C. Shukla 1998 Supp (3) SCC 410, the Supreme Court acknowledged the role of mutual legal assistance in transnational criminal investigations.
In State (CBI) v. Nalini (1999) 5 SCC 253, the Court emphasized cooperation between jurisdictions in cases involving international dimensions of criminal offences.
In Ram Jethmalani v. Union of India (2011) 8 SCC 1, the Supreme Court highlighted the necessity of reciprocal arrangements for effective investigation of offences involving foreign elements.
These rulings support the framework of international procedural cooperation under Section 110 BNSS.
Importance of the Provision
Section 110 BNSS is important because
- it enables service of criminal process outside national territory
- it strengthens international cooperation in criminal justice
- it supports investigation of transnational offences
- it ensures continuity of proceedings where parties reside abroad
The provision plays a crucial role in addressing cross-border criminal challenges.
Connection with Other Sections
Section 110 BNSS operates alongside related provisions governing service and execution of processes
- Section 63 BNSS – Form of summons
- Section 69 BNSS – Service of summons outside local limits
- Section 79 BNSS – Where warrant may be executed
- Section 111 BNSS – Assistance in securing transfer of accused persons
Corresponding Provision under Old Law
Section 110 BNSS corresponds to Section 105 of the Code of Criminal Procedure, 1973.
