Assistance in securing transfer of persons
Section 114 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with assistance in securing transfer of persons. 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 Ma The Act came into force on 01 Jul 2024.
(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.
Section 114, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 105B Assistance in securing transfer of persons Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State of M. P vs Balram Mihani
Decided under Code of Criminal Procedure 105B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Chapter VII-A of the Code of Criminal Procedure, 1973, provisions for attachment and forfeiture of property (Sections 105-A to 105-L) apply exclusively to offences that have international ramifications and involve reciprocal arrangements with contracting states as defined in Section 105-A(a), and do not apply to local offences committed within India such as gambling and ordinary offences under the Indian Penal Code. The proper interpretation requires reading the general language of Section 105-C(1) in the contextual background of the chapter's purpose as demonstrated by the Statement of Objects and Reasons, the legislative history, and the specific references throughout the chapter to contracting states and international criminal cooperation mechanisms.
On this section: Provision dealing with assistance in securing arrest from contracting states analyzed as evidence of international scope
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 114
What have the courts held on Section 114 of the Bharatiya Nagarik Suraksha Sanhita?
State of M. P vs Balram Mihani (01 Feb 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 105B, which this section replaced -- the court never mentioned this Act: Provision dealing with assistance in securing arrest from contracting states analyzed as evidence of international scope.
How do I find court cases under Section 114 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 114, section 114 BNSS, section 114 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 114 115 and bns 114 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of M. P vs Balram Mihani (01 Feb 2010).
What should I read with Section 114 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 105B (Assistance in securing transfer of persons), so the judgments decided under that provision are the case law on this one.
When did Section 114 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 114 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 114, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.