Section 110 of Bharatiya Nagarik Suraksha Sanhita, 2023: Reciprocal arrangements regarding processes

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 105 CrPC

Legal Commentary & Landmark Judgments: Section 110

Section 110 regulates reciprocal arrangements to be made by the Central Government with foreign governments with regard to the service of summons, execution of warrants, and judicial processes in criminal matters.

  • Reciprocal Treaty/Convention: Bilateral treaties, MLATs, or reciprocal arrangements entered into by the Central Government.
  • Cross-Border Process: Service of summons, execution of warrants, or search of foreign premises.
  • Transmission Channel: Transmitted through the Ministry of Home Affairs / Central Authority designated under international protocols.
Key Landmark Precedents:
  • Bhavesh Jayanti Lakhani v. State of Maharashtra (2009) 9 SCC 551: The Supreme Court examined the operational mechanics of extradition and reciprocal judicial assistance under the Code and Extradition Act, 1962.
  • State of M.P. v. Balram Mihani (2010) 2 SCC 602: Affirmed that foreign judicial process execution must strictly satisfy reciprocal statutory treaties notified by the Central Government.
Courtroom Practice & Strategic Litigation Guidance:

When challenging a summons or warrant issued to a foreign national or NRI, verify whether a valid Mutual Legal Assistance Treaty (MLAT) exists with that specific country and whether the process was routed through the Ministry of External Affairs.