Description

Service or Execution of Summons and Warrants Outside the Jurisdiction of the Court

1. When a Court in the territories to which this Code extends desires to send summons or warrants outside its jurisdiction, it may take the following actions:

   (a) Summons to an accused person, or

   (b) Warrant for the arrest of an accused person, or

   (c) Summons to any person requiring them to attend and produce a document or other thing, or to produce it, or

   (d) Search-warrant:

   • (i) Within the local jurisdiction of a Court in any State or area in India outside the said territories:
     • The Court may send such summons or warrant in duplicate by post or otherwise to the presiding officer of that Court for service or execution.
     • In the case of a summons referred to in clause (a) or (c), once served, the provisions of Section 68 shall apply as if the presiding officer of the Court were a Magistrate in the said territories.
   • (ii) In any country or place outside India (a contracting State):
     • If arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrants in relation to criminal matters, the Court may send such summons or warrant in duplicate in the form directed by the Central Government to the Court, Judge, Magistrate, or authority for transmission as specified in a notification by the Central Government.

2. When a Court in the said territories receives a summons or warrant for service or execution, it must proceed as follows:

   (a) Summons to an accused person, or

   (b) Warrant for the arrest of an accused person, or

   (c) Summons to any person requiring them to attend and produce a document or other thing, or to produce it, or

   (d) Search-warrant:

   • (i) From a Court in any State or area in India outside the said territories:
     • The Court shall cause the summons or warrant to be served or executed as if it were issued by another Court within the same jurisdiction.
   • (ii) From a Court, Judge, or Magistrate in a contracting State:
     • The summons or warrant shall be served or executed as if it were issued by a Court in the said territories.
     • When a warrant of arrest is executed, the person arrested shall be dealt with according to the procedures in Sections 80 and 81.
     • When a search warrant is executed, the things found in the search shall be dealt with according to Section 101.

   Provided that:

   • In cases where a summons or search warrant received from a contracting State has been executed, any documents or things produced or things found in the search shall be forwarded to the Court that issued the summons or search warrant, through an authority specified by the Central Government by notification.