Section 105B of CrPC : Section 105B: Assistance In Securing Transfer Of Persons

Explanation using Example

Imagine a scenario where the Indian authorities are investigating an international cyber fraud case. The main suspect, an Indian national, has fled to a neighboring country with which India has an extradition treaty (a "contracting State"). The Indian court, handling the case, requires the suspect's presence for trial and also needs certain documents believed to be in the suspect's possession.

The court issues an arrest warrant for the suspect and prepares the warrant in duplicate as per the specified format by the Central Government. This warrant is then sent through the designated authority to a corresponding court in the contracting State, requesting the arrest and extradition of the suspect to India.

Meanwhile, the contracting State's court receives the warrant and, recognizing the mutual legal assistance treaty with India, executes the warrant as if it were issued by their own authorities. The suspect is arrested and the documents in question are secured.

After the arrest, the suspect is temporarily transferred to Indian custody, ensuring that any conditions imposed by the contracting State are respected, such as the suspect's right to legal representation or the duration of their stay in India for the trial.

This example demonstrates the practical use of Section 105B of The Code of Criminal Procedure, 1973, in facilitating international cooperation in criminal matters, ensuring that justice is served while respecting international legal frameworks.