India.—(1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita.
Bharatiya Nagarik Suraksha Sanhita
Section 112
Letter of request to competent authority for investigation in a country or place outside
⚡ Quick Answer Reference: Section 112 BNSS
- Provision: Section 112 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows a court in India to ask a court or authority in another country to help with an investigation by questioning someone or asking them to produce documents. The evidence collected is then sent back to the Indian court.
What does Section 112 of BNSS say?
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What does Section 112 of BNSS mean?
Plain English Explanation
This section allows a court in India to ask a court or authority in another country to help with an investigation by questioning someone or asking them to produce documents. The evidence collected is then sent back to the Indian court.
Practical Interpretation
In practice, this section is used when an investigation in India requires evidence from another country. The Indian court sends a letter of request to the foreign court, which then collects the evidence and sends it back. This section helps Indian courts access evidence from abroad.
Core Legal Purpose
The core purpose of this section is to facilitate international cooperation in investigations by allowing Indian courts to request assistance from foreign courts in collecting evidence.
- •An investigation into an offence is ongoing in India.
- •The investigating officer or a superior officer makes an application to the court.
- •The court issues a letter of request to a competent authority in another country.
- •The competent authority in the foreign country collects evidence and sends it back to the Indian court.
Practical Example of Section 112 BNSS
Rajesh, a detective in Mumbai, is investigating a case of money laundering. He suspects that some of the evidence is in Dubai. Rajesh applies to the court for a letter of request to be sent to the Dubai authorities. The court issues the letter, and the Dubai authorities collect evidence from a suspect, including documents and recordings. The evidence is then sent back to Rajesh in Mumbai, who uses it to build his case.
Frequently Asked Questions about Section 112 BNSS
Q: What is the punishment or consequence under Section 112 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a procedural provision that can be used in any investigation.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.
Common Questions about Section 112 BNSS
What is Section 112 of BNSS?
Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Letter of request to competent authority for investigation in a country or place outside". In plain terms: This section allows a court in India to ask a court or authority in another country to help with an investigation by questioning someone or asking them to produce documents. The evidence collected is then sent back to the Indian court.
What is the punishment under Section 112 of BNSS?
Section 112 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 112 of BNSS bailable or non-bailable?
Whether Section 112 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 112 of BNSS?
The essential elements of Section 112 of BNSS are: An investigation into an offence is ongoing in India.; The investigating officer or a superior officer makes an application to the court.; The court issues a letter of request to a competent authority in another country..
Landmark Judgments under Section 112 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 112
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