Section 110 BNSS: Reciprocal Arrangements Regarding Processes
Section 110 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the statutory mechanism for reciprocal service and execution of specified criminal processes between Courts within India and, where arrangements exist, between India and a contracting State. It covers summonses, warrants of arrest, summonses for production of documents or things, and search-warrants.
Where a Court in the territories to which the BNSS extends requires specified criminal process to be served or executed outside those territories, Section 110 permits transmission in the manner prescribed by the provision. It also governs processes received for service or execution from another qualifying Indian Court or from a Court, Judge or Magistrate in a contracting State.
Processes Covered by Section 110
Section 110 applies to the following processes:
- a summons to an accused person;
- a warrant for the arrest of an accused person;
- a summons requiring a person to attend and produce a document or other thing, or to produce it; and
- a search-warrant.
Service or Execution Within India
Where the process has to be served or executed within the local jurisdiction of a Court in a State or area in India outside the territories referred to in Section 110, the issuing Court may send the summons or warrant in duplicate, by post or otherwise, to the presiding officer of that Court for service or execution.
Where a summons to an accused person or a summons requiring attendance and production of a document or thing is served in this manner, Section 110 expressly applies the procedure in Section 70 BNSS as if the receiving presiding officer were a Magistrate in the relevant territories.
Service or Execution in a Contracting State
Section 110 also addresses service or execution in a country or place outside India where the Central Government has made arrangements with the Government of that country or place for service or execution of summonses or warrants in criminal matters. The section refers to such a country or place as a "contracting State".
In such a case, the issuing Court may send the summons or warrant in duplicate in the prescribed form, directed to the appropriate Court, Judge or Magistrate, and through the authority specified by the Central Government by notification.
Processes Received for Service or Execution
Sub-section (2) deals with the reverse situation. Where a Court in the relevant territories receives one of the specified processes from a qualifying Indian Court or from a Court, Judge or Magistrate in a contracting State, it must cause the process to be served or executed as if it had been received from another Court within the territories for service or execution within its local jurisdiction.
Procedure After Execution of an Arrest Warrant
Where an arrest warrant is executed under Section 110, the arrested person is, so far as possible, to be dealt with according to the procedure specified in Section 82 BNSS and Section 83 BNSS.
Procedure After Execution of a Search-Warrant
Where a search-warrant is executed, the things found in the search are, so far as possible, to be dealt with according to Section 104 BNSS.
Forwarding Documents or Things to a Contracting State
The proviso to Section 110 provides that where a summons or search-warrant received from a contracting State has been executed, the documents or things produced, or things found in the search, are to be forwarded to the Court that issued the summons or search-warrant through the authority specified by the Central Government by notification.
Meaning of "Contracting State"
For Section 110, the expression is used for a country or place outside India in respect of which arrangements have been made by the Central Government with the Government of that country or place for service or execution of summonses or warrants in criminal matters. Section 111 BNSS separately defines "contracting State" for Chapter VIII in relation to arrangements made through a treaty or otherwise.
Purpose and Legal Effect of Section 110
Criminal process may need to operate beyond the immediate territorial jurisdiction of the issuing Court. Section 110 supplies a statutory channel through which specified judicial processes can be transmitted, recognized and executed in another qualifying jurisdiction. For foreign processes, the mechanism depends on arrangements made by the Central Government and on the authority or form specified by notification.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 110 BNSS substantially continues the subject dealt with by Section 105 of the Code of Criminal Procedure, 1973, which was also titled "Reciprocal arrangements regarding processes". The BNSS renumbers and integrates the provision within the current criminal procedure framework.
Related BNSS Provisions
For connected procedural rules, see Section 70 - proof of service, Section 82 - procedure on arrest of person against whom warrant issued, Section 83 - procedure before the Magistrate, Section 104 - disposal of things found in search beyond jurisdiction, and Section 111 - definitions for reciprocal assistance provisions.
Official Legal Sources
For the authoritative statutory text and official government material, readers may consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Last reviewed: 10 September 2026.