Reciprocal arrangements regarding processes
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Summary
A court may send a summons, arrest warrant, production summons, or search-warrant in duplicate to the presiding officer of a court where it wants service or execution outside its local area, either in another State or in a foreign State with a reciprocal arrangement. The receiving court must serve or execute it as if it were issued locally. Arrests and searches are then handled by the usual procedures, and items or documents from a contracting State are forwarded to the issuing court.
Example
Priya files an FIR in a court area but the accused Aditya lives in another State. The magistrate sends a duplicate summons to the presiding officer of the court where Aditya lives. That court serves the summons as if it were issued locally. If Aditya is arrested or documents are seized, he and the items are dealt with under the usual arrest, remand and production procedures and any seized items from a contracting State are forwarded to the issuing court.
Bare Act
Enacted text(1) Where a Court in the territories to which this Code extends thereafter 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 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-
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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 things or to produce it, or
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(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.
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