The High Court of Judicature for Rajasthan has issued a definitive order to initiate international legal protocols to ascertain the whereabouts of a prosecutrix in a sexual assault case, who is currently residing in the United States of America. This directive follows a two-year delay in proceedings during which the High Court of Judicature for Rajasthan found it impossible to secure the presence of the woman for the trial process, labeling her the "star witness" whose participation is essential for the case to progress. Justice Anoop Kumar Dhand, presiding over the bench, invoked the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, alongside the bilateral Mutual Legal Assistance Treaty (MLAT) existing between India and the USA to break the procedural deadlock.

Navigating Procedural Challenges in Cross-Border Cases

The case, centered on FIR number 305/2022 registered at the Chitrakoot Police Station in Jaipur, concerns allegations of rape under Section 376(2)(n) of the Indian Penal Code. The litigation reached a standstill due to the shifting stance of the complainant. Initial records show that the prosecutrix filed the complaint against the petitioner in June 2022. However, shortly thereafter, in July 2022, she appeared before the local authorities with her husband, requesting that the matter be closed and stating that she had filed the charge in a moment of anger.

This request led the investigating agency to prepare a negative final report. The situation became increasingly complex when the complainant later communicated with police officials via telephone, alleging that her previous request for closure was made under duress and reaffirming her desire to prosecute the case. Since that time, the investigation has effectively languished as the complainant moved to the United States. The Investigating Officer, Additional Superintendent of Police Buglal Meena, informed the court that despite reaching out to her relatives, her current address remained unconfirmed, rendering traditional modes of service futile.

Justice Dhand highlighted the gravity of this obstruction during the hearing, noting that the judicial system cannot permit a trial to remain stagnant indefinitely due to the inability to serve notice on a key participant. "The prosecutrix is the star witness in the present case, and the investigation cannot proceed effectively without her participation," the Court observed, emphasizing that ensuring a fair investigation requires direct communication with the witness.

Operationalizing International Legal Frameworks

To resolve the impasse, the Court turned to the legal framework governing international judicial cooperation. Section 110 of the Bharatiya Nagarik Suraksha Sanhita, which mirrors Section 105 of the Code of Criminal Procedure, provides the authority for a court to transmit summons to individuals located outside Indian territory, provided that a reciprocal arrangement exists between India and the host country.

The India-USA Mutual Legal Assistance Treaty, which was signed in 2001 and enacted in 2005, serves as the cornerstone for this cooperation. Article 1(2) of the treaty facilitates the procurement of evidence, the provision of relevant documentation, and the location of persons involved in criminal matters. The High Court of Judicature for Rajasthan outlined a strict procedure for the Investigating Officer to follow in compliance with Ministry of Home Affairs (MHA) guidelines.

The Court’s order mandates that the Investigating Officer must gather all available particulars, including passport information, and forward these within 21 days to the MHA’s Internal Security Division , which acts as the designated Central Authority for MLAT requests. Following the processing of these documents, the request will be relayed to the Indian Embassy or Consulate in the United States . The Court specified that "the service through diplomatic channel under Section 105 CrPC / 110 BNSS is valid mode for securing presence of person residing abroad."

By utilizing these diplomatic channels, the Court aims to circumvent the barriers that have prevented the judicial process from moving forward for two years. The Bench has required the Registry of the High Court to issue a Letter of Request in duplicate, ensuring all technical requirements for international service are met with precision. This proactive stance reflects an effort to maintain the integrity of criminal proceedings even when witnesses are beyond the direct jurisdictional reach of the state.

The court has granted the investigating agency a clear mandate to facilitate this international notice, with a follow-up hearing scheduled in eight weeks to monitor the progress of the service and the subsequent status of the investigation. The interim orders previously protecting the accused remain in force during this period. The Court's decision to lean on established bilateral treaties signals a commitment to modernizing criminal procedure to address the realities of a globalized society, where key participants in litigation may frequently reside across international borders, necessitating clear, treaty-based pathways for judicial process and testimony collection. By formalizing this path, the High Court of Judicature for Rajasthan ensures that neither the rights of the accused nor the pursuit of justice for the complainant are left to drift in procedural uncertainty, marking a significant step in the application of the BNSS in complex, cross-jurisdictional criminal investigations.