105.
Reciprocal arrangements regarding processes.- (1)
Where a Court in the territories to which this Code extends
thereafter 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 hi
m to attend and produce a document or other thing, or to produce
it, or
(d) a search-warrant,
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 of 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 thereafter 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
(c) a summons to any person requiring hi
m to attend and produce a document or other things or to produce
it, or
(d) a search-warrant,
issued by-
(i) a Court in any State or are 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
from 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 the 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 :
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.
|