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.
Bharatiya Nagarik Suraksha Sanhita
Section 113
Letter of request from a country or place outside India to a Court or an authority for
⚡ Quick Answer Reference: Section 113 BNSS
- Provision: Section 113 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
- Jurisdiction: India
- Summary: This section allows the Central Government to assist foreign countries in investigating crimes by forwarding requests to Indian courts or police for examining individuals, producing documents, or collecting evidence.
What does Section 113 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 113 of BNSS mean?
Plain English Explanation
This section allows the Central Government to assist foreign countries in investigating crimes by forwarding requests to Indian courts or police for examining individuals, producing documents, or collecting evidence.
Practical Interpretation
In practice, this section facilitates international cooperation in criminal investigations by enabling Indian authorities to gather evidence or statements on behalf of foreign countries, which can then be transmitted back to those countries.
Core Legal Purpose
The core purpose of this provision is to provide a legal framework for mutual assistance between India and other countries in the investigation of crimes, promoting international cooperation in law enforcement.
- •A letter of request from a competent court or authority in a foreign country is required.
- •The request must be for the examination of a person, production of a document, or collection of evidence related to an offence under investigation in that country.
- •The Central Government must deem it fit to forward the request to the appropriate Indian authority.
- •The evidence collected or statements recorded must be forwarded to the Central Government for transmission to the requesting country.
Practical Example of Section 113 BNSS
For instance, if the authorities in the United States are investigating a fraud case involving an Indian national, Rajesh, they can send a letter of request to the Indian government. The Central Government may then forward this request to a Judicial Magistrate in India, who can summon Rajesh to record his statement or produce relevant documents, which are then sent back to the US authorities.
Frequently Asked Questions about Section 113 BNSS
Q: What is the punishment or consequence under Section 113 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 the process of assisting foreign countries in criminal investigations, which can involve both private individuals and public entities, but the request must come from a competent court or authority in the foreign country.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable; it is a procedural provision for international cooperation in investigations.
Common Questions about Section 113 BNSS
What is Section 113 of BNSS?
Section 113 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Letter of request from a country or place outside India to a Court or an authority for". In plain terms: This section allows the Central Government to assist foreign countries in investigating crimes by forwarding requests to Indian courts or police for examining individuals, producing documents, or collecting evidence.
What is the punishment under Section 113 of BNSS?
Section 113 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 113 of BNSS bailable or non-bailable?
Whether Section 113 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 113 of BNSS?
The essential elements of Section 113 of BNSS are: A letter of request from a competent court or authority in a foreign country is required.; The request must be for the examination of a person, production of a document, or collection of evidence related to an offence under investigation in that country.; The Central Government must deem it fit to forward the request to the appropriate Indian authority..
Landmark Judgments under Section 113 BNSS
Sections commonly cited alongside Section 113
Ask Nyaya AI About Section 113
Select a pre-configured prompt to run this section through the grounded research engine.