BNSS Section 110 Explained: A Deep Dive into Reciprocal Arrangements for Summons and Warrants


Introduction

In an increasingly interconnected world, crime often transcends geographical borders. Offenders may exploit jurisdictional boundaries to escape legal accountability, creating significant challenges for law enforcement and judicial authorities. Addressing these cross-border complications requires a strong legal framework that ensures cooperation between courts, both within India and internationally.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), introduced as a modern replacement for the Criminal Procedure Code (CrPC), provides such mechanisms. One of its most critical provisions is BNSS Section 110, which lays down the procedure for reciprocal arrangements in serving summons and executing warrants. This provision not only strengthens domestic judicial coordination but also enables cooperation with foreign jurisdictions.

Replacing the earlier CrPC Section 105, BNSS Section 110 ensures that judicial processes are not obstructed by state or national borders. By formalizing clear rules for reciprocal arrangements, it becomes an essential tool for seamless administration of justice.

What Are Reciprocal Arrangements Under BNSS Section 110?

At its core, reciprocal arrangements under BNSS Section 110 refer to mutual agreements between courts—whether within India or with foreign jurisdictions—to honor and enforce each other’s legal processes. These processes include compelling the appearance of individuals, securing evidence, or carrying out searches that are integral to criminal investigations and trials.

The scope of BNSS Section 110 extends to four specific categories of legal processes:

  1. Summons to an accused person – Ensuring the accused appears before the court even if outside the issuing court’s jurisdiction.

  2. Warrant for the arrest of an accused person – Empowering courts to secure custody of an accused across territorial boundaries.

  3. Summons to produce a document or thing – Facilitating evidence collection from different jurisdictions.

  4. A search warrant – Allowing courts to search premises or seize material evidence in another state or contracting country.

The importance of these provisions cannot be overstated. Without reciprocal arrangements, an accused could evade accountability simply by moving across state lines or leaving India. By creating enforceable procedures, BNSS Section 110 strengthens the ability of Indian courts to uphold justice and ensures that jurisdictional boundaries do not become safe havens for offenders.

Sending Summons and Warrants Under BNSS Section 110(1)

One of the central aspects of BNSS Section 110 is the mechanism it provides for Indian courts to send summons and warrants beyond their immediate jurisdiction. This section is divided into two primary contexts: within India and outside India.

Within India (To Other States or Territories)

When a court in one state issues a summons or warrant that needs to be executed in another state, BNSS Section 110(1)(i) provides a clear procedure. The originating court must send the process in duplicate to the presiding officer of the relevant court in the other jurisdiction.

The receiving court is then responsible for executing the process as if it were issued locally. Importantly, the proof of service is governed by BNSS Section 70, which details how successful service of summons is to be confirmed. This ensures uniformity and prevents disputes about whether due process was followed.

This domestic cooperation mechanism under BNSS Section 110 reduces delays and establishes an efficient chain of communication between courts across India.

Outside India (To a Contracting State)

Cross-border cooperation is even more complex, but BNSS Section 110(1)(ii) addresses this by introducing the concept of a contracting State. A contracting State refers to any foreign country with which the Government of India has a formal reciprocal arrangement for serving and executing legal processes.

The procedure here is more structured. The Indian court must send the summons or warrant in duplicate through an authority specified by the Central Government. This central authority acts as the official communication channel, ensuring that requests are properly transmitted and recognized by the foreign jurisdiction.

The involvement of the Central Government highlights the importance of state-level facilitation in international judicial cooperation. By streamlining this process, BNSS Section 110 empowers Indian courts to pursue justice even when accused persons or evidence are located abroad.

Receiving and Executing Foreign/External Processes: The Mandate of BNSS Section 110(2)

While Section 110(1) explains how Indian courts send processes, BNSS Section 110(2) deals with the reverse situation—how Indian courts handle summons, warrants, and other requests received from other states or contracting countries.

Execution of Processes

When a court in India receives a process under BNSS Section 110(2), it is required to treat it as if it were issued by another Indian court within its territorial jurisdiction. This means that Indian courts cannot decline execution simply because the request originated elsewhere.

  • Arrest Warrants: If the request involves an arrest warrant, the arrested person is dealt with according to BNSS Sections 82 and 83. These provisions govern the procedures for presenting the individual before a magistrate and ensuring their rights are safeguarded while also upholding the objectives of justice.

  • Search Warrants: Where a search warrant is concerned, the materials or documents recovered during the search must be handled in line with BNSS Section 104, which governs the custody and disposal of seized items.

The Proviso for Contracting States

A significant feature of BNSS Section 110 is its proviso concerning contracting States. When documents or things are obtained through a search warrant issued by a contracting State, the Indian court must forward these materials back to the issuing court. However, this must be done through the authority designated by the Central Government, ensuring proper diplomatic and legal oversight.

This provision highlights the balance between judicial cooperation and sovereign control. While courts execute foreign processes, the forwarding mechanism ensures accountability and adherence to India’s international obligations.

Key Difference: BNSS Section 110 vs. CrPC Section 105

Since BNSS Section 110 replaces CrPC Section 105, it is natural to ask how the two differ. While the underlying principle of reciprocal arrangements remains consistent, there are important distinctions:

  • Similarity: Both provisions aim to facilitate cooperation in executing summons and warrants across jurisdictions.

  • Clarity and Language: BNSS Section 110 uses simplified and modernized language, making the provision more accessible and easier to apply.

  • Integration: The new provision explicitly connects with related sections of the BNSS, such as Sections 70, 82, 83, and 104, creating a more cohesive framework.

Thus, the difference between BNSS Section 110 and CrPC Section 105 lies mainly in improved structure, clarity, and integration, reflecting a modernized approach to reciprocal arrangements in criminal law.

FAQ on BNSS Section 110

Q1: What is a "contracting State" under BNSS Section 110?
A contracting State is any country outside India with which the Central Government has entered into a formal reciprocal arrangement for serving summons and executing warrants.

Q2: Can a search warrant from another country be executed in India?
Yes. If the request originates from a court in a contracting State, BNSS Section 110(2) mandates that Indian courts execute the search warrant following the prescribed procedure.

Q3: What is the main purpose of BNSS Section 110?
The primary aim of BNSS Section 110 is to ensure judicial cooperation, allowing summons, arrest warrants, and search warrants to be executed seamlessly across state and international boundaries.

Also read: BNSS Section 105

Conclusion

BNSS Section 110 serves a dual purpose: enabling Indian courts to send processes outside their jurisdiction and ensuring they can also execute processes received from other jurisdictions. By facilitating both domestic and international cooperation, this provision ensures that offenders cannot escape justice by exploiting geographical boundaries.

As a cornerstone of the Bharatiya Nagarik Suraksha Sanhita, BNSS Section 110 underscores India’s commitment to strengthening judicial cooperation. Its clarity, integration with related provisions, and emphasis on reciprocal arrangements make it a vital legal tool for an interconnected world. With its robust framework, BNSS Section 110 represents a decisive step toward efficiency, accountability, and seamless administration of justice.

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