Section 113 of The Bharatiya Nagarik Suraksha Sanhita, 2023
Letter of request from a country or place outside India to a Court or an authority for investigation in India.
- (1)Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit---
- (i)forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
- (ii)send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India.
- (2)All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.
Summary
- The Central Government processes letters of request from foreign courts or authorities for investigations involving persons, documents, or things in India.
- The Central Government may forward the request to a Chief Judicial Magistrate or a Judicial Magistrate to summon individuals and record statements.
- Alternatively, the Central Government can direct a police officer to investigate the foreign offense as if it had been committed within India.
- All evidence, authenticated copies, or items collected during the process must be forwarded back to the Central Government.
- The Central Government is responsible for transmitting the collected evidence to the foreign court or authority that issued the original request.
Practical examples
FAQ
1. What can a foreign authority request from India under Section 113?
A foreign court or authority can request the examination of any person or the production of any document or thing related to an offense under investigation in their country.
2. Who has the authority to act on a letter of request from a foreign country?
The Central Government receives the request and determines whether to forward it to a Magistrate or a police officer for action.
3. How is a police investigation conducted when requested by a foreign entity?
The police officer investigates the offense in the same manner as if the offense had been committed within India.
4. What is the role of a Magistrate under this section?
A Chief Judicial Magistrate or Judicial Magistrate appointed by the Central Government summons the relevant person to record their statement or ensures the production of requested documents or things.
5. How is collected evidence sent back to the requesting country?
The Magistrate or police officer forwards the evidence or authenticated copies to the Central Government, which then transmits them to the requesting foreign court or authority.
Test yourself
1.Under Section 113 of The Bharatiya Nagarik Suraksha Sanhita, 2023, which authority receives a letter of request from a foreign country or place before it is forwarded for execution in India?
2.Under Section 113 of the BNSS, if the Central Government decides to forward an incoming letter of request to a Magistrate, who does it select?
3.Under Section 113 of the criminal procedure law of 2023, if the Central Government sends an incoming letter of request to a police officer for investigation, how must that officer proceed?
4.Under Section 113 of The Bharatiya Nagarik Suraksha Sanhita, 2023, what must the Magistrate or police officer do with the evidence collected once the investigation in India is completed?