Introduction to Section 114 BNSS / Transfer of Accused Across Borders
Section 114 BNSS is part of Chapter VIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. This section deals with international cooperation in criminal matters, especially the process of transferring persons between India and other countries for legal proceedings. It ensures that India can legally request or respond to requests from other countries when a person is needed for investigation, arrest, or court appearances in criminal cases.
What is BNSS Section 114 ?
BNSS Section 114 provides a legal process for transferring people (like accused persons, witnesses, or prisoners) between India and a foreign country (known as a “contracting State”) to assist in criminal investigations, inquiries, or trials.
- Indian courts send or receive arrest warrants internationally.
- Call a foreign witness or accused to India.
- Transfer prisoners with proper safeguards.
BNSS Section of 114 in Simple Points
1. Sending Arrest Warrants to Other Countries
When an Indian court needs to arrest someone who is in another country, it cannot do it directly. But under BNSS Section 114, the court can send the arrest warrant through a special government authority to that foreign country. This process allows Indian law to request help from other countries in catching a person involved in a criminal case.
2. Calling a Foreign Person for Investigation
Sometimes, a person in another country may be an important witness or has key information for a case in India. The police or investigation team can request the court to bring that person to India. If the court agrees, it can issue a summon or warrant, and that will be sent to the foreign country through proper government channels.
3. Executing Foreign Country’s Warrant in India
This section also works in reverse. If a court from a foreign country sends a valid arrest warrant to India (through legal arrangements), Indian courts will treat it like an Indian warrant and carry out the arrest or action as per Indian laws. This helps build trust and cooperation between countries in legal matters.
4. Sending Indian Prisoners to Other Countries
If an Indian prisoner is needed in a criminal case in another country (for example, as a witness), then under this section, Indian courts or the government can allow their transfer. However, certain conditions will be applied to make sure the prisoner’s rights are protected during this process.
5. Receiving Foreign Prisoners in India
If a foreign country sends a prisoner to India for legal purposes, Indian courts and the Central Government must ensure that the conditions agreed upon during the transfer are followed. The prisoner will be kept in custody in India but only under the terms set by the agreement between the two countries.
Section 114 of BNSS Overview
BNSS Section 114 is about international help in criminal cases. When someone or important evidence is in another country (called a “contracting State”), Indian courts can request that country to arrest, send, or allow the transfer of the person or item for investigation or trial in India. It also works in reverse—India helps other countries in the same way. This section is part of a broader legal system that supports international cooperation in justice.
BNSS Section 114 – Assistance in Securing Transfer of Persons
1. Sending Arrest Warrants to Foreign Countries
If an Indian court wants to arrest someone who is currently in another country (called a “contracting State”), it can send the arrest warrant in duplicate to the foreign court, judge, or magistrate through a specific route. This route and authority are notified by the Central Government. This ensures that Indian warrants can be acted upon legally in other countries through official cooperation.
2. Bringing Someone for Investigation from a Contracting State
Sometimes, during an investigation or court inquiry, an investigating officer may feel that a person (currently living in another country) is required to be present in India. In such a case, the court can issue a summons or a warrant for that person, again in duplicate, and send it to the respective foreign country through a legal route set by the government.
3. Accepting Warrants Sent by Foreign Countries
If a foreign court sends an arrest warrant to an Indian court for someone present in India, the Indian court will treat it just like a warrant from another Indian court. That means the warrant will be executed as per Indian laws. This allows smooth cooperation between Indian and foreign legal systems in criminal matters.
4. Transferring Indian Prisoners to Foreign Countries
In cases where a person being sent to a foreign country is already a prisoner in India, the Indian court or the Central Government can apply specific conditions before allowing the transfer. For example, they can specify how long the person will stay in the foreign country, what security arrangements should be made, or how the person will be returned safely.
5. Receiving Foreign Prisoners Transferred to India
When a foreign country sends a prisoner to India (under mutual agreement), the Indian court has to make sure that all conditions agreed between the two countries are followed. The prisoner must be kept in safe custody as per rules notified by the Central Government. This is to ensure fair treatment and legal compliance.
6. Power of Central Government to Decide Procedures
The Central Government of India plays a key role under this section. It can notify the procedure, forms, authorities, and courts involved in cross-border legal processes. This makes sure that all foreign and Indian courts follow a uniform and lawful process, preventing confusion or misuse.
7. Foundation for Mutual Legal Assistance Treaties (MLATs)
BNSS Section 114 helps India create and operate treaties and mutual legal assistance agreements (MLATs) with other countries. These treaties allow countries to cooperate in criminal investigations, transfer of accused persons, exchange of evidence, etc., helping solve international crimes more efficiently.
8. Equal Respect to Foreign Judicial Requests
Indian law treats a valid request from a foreign court the same as a request from an Indian court. This shows mutual respect and legal cooperation between nations. It also helps in building strong global partnerships to fight organized crime, drug trafficking, terrorism, etc.
9. Human Rights and Legal Safety in Prisoner Transfer
Section 114 is not just about legal process—it also protects rights. When a prisoner is transferred, Indian courts and the Central Government must ensure that human rights are respected, and the person is not mistreated or unlawfully detained. Conditions such as duration of custody, medical care, and return policies are monitored carefully.
10. Helps in Fighting Cross-Border Crime
In today’s world, criminals often cross borders, and digital evidence or suspects may be located in other countries. Section 114 is a powerful legal tool that allows Indian courts to seek international assistance or offer help to other countries, making it easier to track, arrest, and prosecute people involved in global crimes.
Example 1:
An Indian court is investigating an online fraud case. The suspect lives in the UK. Under BNSS Section 114, the court can send a request through proper channels to the UK authorities to arrest and send the suspect to India.
Example 2:
A Canadian court is dealing with a drug trafficking case and wants to question a person who is in India. That court sends a request to an Indian court. Under this section, Indian authorities help by executing the request as per Indian laws.
Section 114 of BNSS Short Information
| Key Point | Description |
|---|---|
| Sending Arrest Warrants Abroad | Indian courts can send arrest warrants to other countries through the notified government channel for execution. |
| Requesting Foreign Person’s Presence | Courts can ask a person in another country to come to India for questioning or trial when needed for an investigation. |
| Executing Foreign Warrants in India | Warrants received from abroad are treated like Indian warrants and are executed under Indian law. |
| Sending Prisoners Abroad (With Conditions) | An Indian prisoner may be transferred to another country for legal reasons, but transfers follow set conditions to protect rights. |
| Receiving Foreign Prisoners in India | When a foreign prisoner is sent to India, their custody and treatment must follow the agreed conditions and government rules. |
| Central Government’s Role | The Central Government decides the procedure, authorities, and channels for sending/receiving international legal requests. |
BNSS Section 114 FAQs
BNSS 114
Conclusion
BNSS Section 114 plays a vital role in promoting international cooperation in criminal justice. It allows India to work legally with other countries to transfer accused persons, witnesses, or prisoners for investigations and trials. This section ensures that no one escapes justice simply by crossing borders. It also protects the rights of individuals during such transfers and makes sure that all actions are taken through proper government channels. By providing a clear legal process for sending and receiving warrants, prisoners, and evidence, Section 114 helps India build stronger ties with other nations and ensures that justice is served globally, fairly, and transparently.
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Finished with BNSS Section 114 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.
- BNSS Section 115 : Law for Seizing Crime-Linked Property in India and Abroad.
- Section 116 BNSS : Identifying Unlawfully Acquired Property.
- Section 117 BNSS : Seizure and Attachment of Property.
- Section 118 BNSS : Property Management After Seizure or Forfeiture .
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