| [Passed by the Indian Legislature.] |
| (Received the assent of the Governor General on the 20th November, 1941.) |
An Act further to amend the Code of Criminal Procedure, 1898.
Whereas it is expedient further to amend the Code of Criminal Procedure, 1898 (V of 1898), so as to provide for the sending for service and execution, within the local limits of the jurisdiction of Courts established or continued by the authority of the Central Government or the Grown Representative in any part of India outside British India, of summonses and warrants for the arrest of accused persons issued in British India, and also for the service and execution in British India of the like processes issued by such Courts;
It is hereby enacted as follows:-
1. Short title.- This Act may be called the Code of Criminal Procedure (Amendment) Act, 1941.
2. Insertion of new heading and sections 93A, 93B and 98C in Act V of 1898.- After section 93 of the Code of Criminal Procedure, 1898 (V of 1898), the following heading and sections shall be inserted, namely:-
"E.-Special Rules regarding processes issued for service or execution outside British India and processes received from outside British India for service or execution within British India.
93A. (1) Sending of summons for service outside British India.- Where a Court in British India desires that a summons issued by it to an accused person shall be served at any place outside British India within the local limits of the jurisdiction of a Court established of continued by the authority of the Central Government or the Crown Representative in any part of India, it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served.
(2) The provisions of section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of the Court to whom it was sent were a Magistrate in British India.
93B. Sending of warrant for execution outside British India.- Notwithstanding anything contained in section 82, where a Court in British India desires that a warrant issued by it for the arrest of an accused person shall be executed at ally place outside British India within the local limits of the jurisdiction of a Court established or continued by the authority of the Central Government or the Crown Representative in any part of India, it may send such warrant, by post or other-wise, to the presiding officer of that Court to be executed.
93C. (1) Service and execution in British India of processes received from outside British India.- Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Central Government or the Crown Representative in any part of India outside British India, it shall cause the same to be served or executed as if it were a summons or warrant received by it from a Court in British India for service or execution within the local limits of its jurisdiction.
(2) Where any warrant of arrest has been so executed the person arrested shall so far as possible be dealt with in accordance with the procedure prescribed by sections 85 and 86."