Reciprocal arrangements regarding processes
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Summary
A court in the Sanhita area can send summons, arrest warrants, production summons or search‑warrants to a court in another Indian State or to an authority in a foreign contracting State so they can be served or executed there. The receiving court must serve or execute them as if they were local orders. Arrests, searches and handling of produced or seized items are to follow the usual local procedures and any documents or things are forwarded to the issuing court through the authority the Central Government specifies.
Example
Aditya is accused in a case in Jaipur but lives in Chandigarh. The Jaipur court sends a duplicate arrest warrant to the presiding officer of the Chandigarh court, which arrests Aditya there. Chandigarh then follows the normal local custody and transfer procedure and forwards any documents to the Jaipur court.
Bare Act
Enacted text(1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that-
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(a) a summons to an accused person; or
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(b) a warrant for the arrest of an accused person; or
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(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or
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(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 70 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 or 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 (hereafter 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 send 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-
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(a) a summons to an accused person; or
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(b) a warrant for the arrest of an accused person; or
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(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or
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(d) a search-warrant, issued by-
(I) a Court in any State or area 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 specified by sections 82 and 83;
(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 specified by section 104:
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.
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