India, Poland ink pact for issuing summons search warrant taking evidence of witnesses

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India has signed an agreement with Poland for issuing summons, search warrant to any person or taking the evidence of witnesses residing in either country in relation to criminal matters.

In a notification, the Union Home Ministry said arrangements have been made by the central government with the government of the Republic of Poland for service or execution of summons or search warrant in relation to criminal matters on any person in Poland.

“Now, therefore, in exercise of the powers conferred by clause (ii) of sub-section (1) of section 105 of the Code of Criminal Procedure, 1973 (2 of 1974), the central government hereby specifies that – a summon to an accused person; or a summon to any person requiring him to attend and produce a document or other thing, or to produce it; or a search-warrant, may be issued by a court in India in duplicate to the court, Judge or Magistrate in the government of the Republic of Poland having authority under the law for the time being in force in that country, through the competent authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorises of the government of Republic of Poland to serve such summons or execute such warrant on the person or place named therein,” it said.

The home ministry said the concerned court, judge or magistrate in India, while issuing summons are required to comply with the comprehensive guidelines issued by the Ministry of Home Affairs in 2019 in this regard.

“Such summons or warrant shall be sent to the IS-II Division of the Ministry of Home Affairs, government of India, for transmission to the competent authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorises of the government of Republic of Poland,” the notification said.

In a separate notification, the home ministry said in case where a court in India executes any summons or search-warrant received from a court, judge or magistrate in the government of the Republic of Poland, the documents or things produced or things found in the search shall be forwarded to the court issuing such summons or search-warrant through IS-II Division of the Ministry of Home Affairs, government of India.

In yet another notification, the home ministry said the commission for examination of witnesses in Republic of Poland shall be issued by the courts in India in a prescribed form to any competent criminal court of Republic of Poland and such commission shall be sent to IS-II Division of the Ministry of Home Affairs for transmission to the competent authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorises of the government of the Republic of Poland.

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