India and Poland Sign Agreement on Criminal Matters

• 15 Feb 2024

On 14^th February, 2024, India and Poland entered into an agreement facilitating the issuance of summons and search warrants, as well as the gathering of evidence from witnesses residing in either country regarding criminal matters.

Key Points

• Service of Summons and Search Warrants: The agreement enables the central government of India to coordinate with the government of the Republic of Poland for the service or execution of summons or search warrants related to criminal matters.
• Legal Provisions: The Union Home Ministry, in exercise of its powers conferred by the Code of Criminal Procedure, 1973, specifies the procedures for issuing summonses and search warrants to individuals in Poland.
• Guidelines and Procedures: Courts in India issuing summonses or warrants are required to adhere to comprehensive guidelines issued by the Ministry of Home Affairs in 2019.
• Transmission of Documents: Summonses or warrants issued by Indian courts are to be sent to the IS-II Division of the Ministry of Home Affairs for transmission to the competent authority in Poland, namely the Minister of Justice or the Prosecutor General.
• Execution of Summonses and Search Warrants: In cases where Indian courts execute summonses or search warrants received from Polish authorities, documents or items obtained during searches are to be forwarded to the issuing court in Poland through the IS-II Division of the Ministry of Home Affairs.
• Commission for Examination of Witnesses: Indian courts may issue commissions for the examination of witnesses in Poland, with such commissions being forwarded to the competent authorities in Poland for execution.