COMITY AND FUGITIVE OF JUSTICE

AUTHOR – SINDHU VARSHINI. E, ADVOCATE AND GRADUATED FROM CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM

BEST CITATION – SINDHU VARSHINI. E, COMITY AND FUGITIVE OF JUSTICE, INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE (IJCJ), 2 (1) OF 2024, PG. 01-06, APIS – 3920 – 0012 & ISSN – 2583-7990

ABSTRACT

Section 105 of the Criminal Procedure Code of India addresses arrangements established by the Central Government with foreign governments for the delivery of summons/warrants/judicial processes. In the case of nations with which India has an operating MLAT, the provisions of Section 105 of the Cr.P.C. must be observed, however in the case of other countries, the ministry makes a request based on assurances of reciprocity. The State Police serve summonses issued by foreign courts/authorities and received at the Ministry of Home Affairs via CBI-Interpol. When an offence is committed, the first issue that should be asked is which Court has jurisdiction over the offence. As previously stated, Sections 177-189 deal with the concept of criminal court jurisdiction. Under normal circumstances, the case will be investigated and tried by the court whose jurisdiction the offence was committed, as per Section 177. However, in some occasions, two Courts have jurisdiction to investigate and try the cases. As a result, Sections 178 to 189 deal with these unique situations. The courts and the parties involved should carefully analyse the principles of criminal court jurisdiction.

KEY WORDS : Judiciary, jurisdiction, border, state authority, cross investigation