Section 114 BNSS: Assistance in Securing Transfer of Persons
Section 114 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a reciprocal mechanism for securing the attendance or transfer of persons between India and a contracting State in connection with criminal matters. It covers execution of warrants abroad, securing attendance from a contracting State, execution in India of warrants issued abroad, and safeguards when the person transferred is a prisoner.
114. (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.
Purpose of Section 114 BNSS
The provision supports international cooperation in criminal matters where the physical presence of a person is needed for attendance, production of a document or thing, investigation or inquiry. It allows Indian Courts and authorities in contracting States to act through reciprocal judicial and governmental channels.
Meaning of Contracting State
Under Section 111 BNSS, a "contracting State" means a country or place outside India in respect of which the Central Government has made arrangements with the Government of that country through a treaty or otherwise.
Section 114(1): Execution Abroad of an Indian Warrant
Warrant issued by an Indian Court
Where an Indian Court wants a warrant of arrest, issued in relation to a criminal matter, to be executed in a contracting State so that a person may attend or produce a document or other thing, the warrant must be sent in duplicate and in the prescribed form through the authority notified by the Central Government.
Section 114(2): Securing Attendance from a Contracting State
Application during investigation or inquiry
An investigating officer or an officer superior in rank may apply to the Court stating that the attendance of a person located in a contracting State is necessary for an investigation or inquiry. If the Court is satisfied that the person's attendance is required, it must issue a summons or warrant in duplicate in the form notified by the Central Government.
Section 114(3): Execution in India of a Foreign Warrant
When an Indian Court receives a warrant issued by a Court, Judge or Magistrate in a contracting State requiring a person to attend, or to attend and produce a document or other thing, before that Court or another investigating agency, the warrant is executed as though it had been received from another Indian Court for execution within the local jurisdiction.
Prisoner Transfers Under Section 114
Prisoner transferred from India
Under sub-section (4), where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Indian Court or the Central Government may impose conditions considered appropriate.
Prisoner transferred to India
Under sub-section (5), where a person transferred to India under sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Indian Court must ensure compliance with the conditions governing the transfer. The prisoner must remain in custody subject to the conditions directed in writing by the Central Government.
Key Requirements of Section 114
- the criminal matter must involve India and a contracting State;
- outgoing warrants or summonses must follow the form and channel notified by the Central Government;
- the Court must be satisfied that attendance is required where sub-section (2) applies;
- incoming foreign warrants are executed in India as if received from another Indian Court; and
- special conditions may apply where the transferred person is a prisoner.
Connection with Sections 112 and 113 BNSS
Section 112 deals with letters of request issued from India for collection of evidence abroad, while Section 113 deals with letters of request received from outside India for investigation or collection of evidence in India. Section 114 specifically addresses reciprocal assistance for attendance and transfer of persons.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 114 BNSS substantially corresponds to Section 105B of the Code of Criminal Procedure, 1973, which was titled "Assistance in securing transfer of persons" and contained the earlier reciprocal-transfer framework.
Current Legal Status
Official Legal Sources
For authoritative statutory material and official government information, readers may consult India Code and the Ministry of Home Affairs - New Criminal Laws.
Last reviewed: 10 September 2026.