RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTYCentral

Section 124 of The Bharatiya Nagarik Suraksha Sanhita, 2023

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

Summary

This provision allows the Central Government to set specific conditions for legal cooperation with other countries.
It ensures that international arrangements for assistance in criminal matters can be adjusted with exceptions or qualifications.
Any such directions regarding these foreign agreements must be published in the Official Gazette to take effect.

Practical examples

1The Indian government signs a treaty with a neighboring country to help track stolen assets, but Section 124 is used to specify that this help only applies to crimes involving more than five lakh rupees.

2After making a reciprocal arrangement with a foreign state, the Central Government issues a notification stating that India will not share evidence in cases where the accused might face a specific type of punishment not recognized in Indian law.

FAQ

1. How does the Central Government modify international legal help under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 124?

The Central Government uses Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue notifications in the Official Gazette that set conditions or exceptions for cooperation with foreign states.

2. Does Section 124 of the 2023 Sanhita apply to all countries?

No, Section 124 of the 2023 Sanhita only applies to contracting States where India has already made reciprocal arrangements through treaties or otherwise.

3. Can the government add "qualifications" to a criminal justice treaty using Section 124?

Yes, Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023, explicitly grants the power to specify qualifications for the application of international assistance chapters.

Test yourself

Q1.Under Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is required for the Central Government to specify conditions on a reciprocal arrangement?

Q2.Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with which specific entities?

Q3.To which "Chapter" does Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023, refer when discussing its application?

Q4.Can the Central Government create "exceptions" for international legal assistance under Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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