Section 114 BNSS: Assistance in securing transfer of persons (Formerly Section 105B CrPC)

Section 114 of Bharatiya Nagarik Suraksha Sanhita, 2023: Assistance in securing transfer of persons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) If , in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 114

Section 114 regulates international assistance in securing the transfer of persons from a foreign country or place outside India for the purposes of investigation, inquiry, or trial.

Transfer of Prisoner/Suspect: Arrangement with a foreign contracting state for transfer of a person in custody.
Judicial Order Required: Criminal court in India issues a formal warrant or order of transfer.
Strict Custodial Detention: The transferred person remains in lawful custody in India until returned to the foreign authority.

Key Landmark Precedents:

Bhavesh Jayanti Lakhani v. State of Maharashtra (2009) 9 SCC 551: The Supreme Court clarified the distinction between temporary custodial transfer under MLATs and permanent extradition under the Extradition Act, 1962.
State of M.P. v. Balram Mihani (2010) 2 SCC 602: Affirmed that cross-border transfer agreements must protect the human rights of transferred undertrials.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the transfer conforms to the specific terms of the bilateral MLAT. The detainee cannot be prosecuted in India for offences other than those specified in the transfer warrant (Doctrine of Specialty).