Court invokes Bharatiya Nagarik Suraksha Sanhita, 2023 and India-USA MLAT provisions to facilitate notice service abroad for fair investigation
In a significant ruling dated October 12, 2026, the Rajasthan High Court (Jaipur Bench), presided over by Justice Anoop Kumar Dhand, addressed the challenge of serving notice to a prosecutrix residing outside India in a serious criminal matter. The petition involved the quashing of FIR No. 305/2022 registered at Police Station Chitrakoot, Jaipur (West), concerning an offence under Section 376(2)(n) of the Indian Penal Code (IPC), pertaining to an alleged rape.
The accused-petitioner, Chander Bhushan Singh, sought quashing of the FIR. However, the prosecutrix, identified as "SMB," could not be served notice within India despite repeated attempts, as her whereabouts remained unknown domestically. Investigation revealed she had relocated to the United States of America (USA), complicating the service of summons essential for a fair inquiry and adjudication.
The Court underscored that the prosecutrix is the star witness, and her participation is vital for the continuation of the investigation and justice delivery. After detailed deliberations, the Court invoked Section 110 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)-which corresponds to Section 105 of the Code of Criminal Procedure, 1973-to enable service of summons to persons residing abroad where India has reciprocal arrangements. The BNSS also empowers courts to issue Letters of Request to foreign authorities for evidence collection under Section 112.
India and the USA are parties to a Mutual Legal Assistance Treaty (MLAT) in criminal matters since 2005, allowing cooperation in serving judicial documents and obtaining evidence. The Ministry of Home Affairs (MHA) has issued guidelines for such service, designating it the Central Authority for MLAT requests and facilitating communication through Indian Embassies or Consulates.
Recognizing that the USA permits service of judicial documents through postal or diplomatic channels under Article 10(a) of the Hague Service Convention, the Court directed the following actions:
1. A formal request be sent to the Ministry of Home Affairs and the Ministry of External Affairs to ascertain the prosecutrix's current address in the USA.
2. Upon confirmation, summons requiring her appearance before the Rajasthan High Court shall be served through the Indian Embassy/Consulate in the USA via diplomatic channels.
3. The Investigating Officer is to provide all available details of the prosecutrix, including passport information if available, along with the necessary documents and requests to the MHA within 21 days.
4. The Court Registry will issue a Letter of Request to the MHA for onward transmission to the competent US authority.
5. The Investigating Officer must ensure compliance with these directions to facilitate the service.
The Court emphasized that such measures are essential for a fair and just investigation and to uphold the rights of all parties concerned. The matter is scheduled for review after eight weeks to monitor progress.
This judgment sets a precedent for handling cases involving witnesses or parties residing abroad, reinforcing the applicability of the BNSS, MLAT provisions, and diplomatic channels for judicial cooperation. It highlights the judiciary's commitment to ensuring due process even in complex transnational situations.
Bottom Line:
Service of notice/summons on prosecutrix residing in USA - In petition seeking quashing of FIR under Section 376(2)(n) IPC, where prosecutrix could not be served in India and was stated to be residing in USA, Court held that service through diplomatic channel under Section 110 BNSS read with India-USA MLAT and MHA guidelines is a valid mode for securing her presence and directed issuance of request through Ministry of Home Affairs and Ministry of External Affairs for ascertaining whereabouts and effecting service abroad.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 110, 112; Indian Penal Code, 1860 Section 376(2)(n); Code of Criminal Procedure, 1973 Section 105
Chander Bhushan Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 3000419
