Section 114 of BNSS : Section 114: Assistance in securing transfer of persons.
BNSS
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Explanation using Example
Example 1:
Scenario: An Indian court needs to secure the attendance of a witness residing in a contracting state (e.g., the United Kingdom) for a criminal trial in India.
Application:
- The Indian court issues a warrant for the arrest of the witness to ensure their attendance.
- The warrant is sent in duplicate to the appropriate authority in the UK, as specified by the Central Government of India.
- The UK court, judge, or magistrate receives the warrant and ensures it is executed, compelling the witness to attend the trial in India.
Outcome: The witness is brought to India to testify in the criminal trial, ensuring that justice is served.
Example 2:
Scenario: During an investigation of a financial fraud case in India, the investigating officer needs to question a suspect who is currently in Canada.
Application:
- The investigating officer applies to the Indian court for a summons to secure the suspect's attendance.
- The Indian court, satisfied with the necessity of the suspect's attendance, issues a summons in duplicate.
- The summons is sent to the appropriate Canadian authority, as specified by the Central Government of India.
- The Canadian court, judge, or magistrate ensures the summons is...
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