Bharatiya Nagarik Suraksha Sanhita

Section 123

Procedure in respect of letter of request

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⚡ Quick Answer Reference: Section 123 BNSS

Provision: Section 123 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
Jurisdiction: India
Summary: The Central Government handles letters of request, summons, or warrants between India and contracting states, specifying the form and manner of transmission.

Statutory Content

What does Section 123 of BNSS say?

Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

Indian StandardSection 123, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 123 (India)

Court Pleading StandardSection 123 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 123 of BNSS mean?

Plain English Explanation

The Central Government handles letters of request, summons, or warrants between India and contracting states, specifying the form and manner of transmission.

Practical Interpretation

In practice, this section ensures that legal documents are properly transmitted between India and other countries, following a standardized procedure set by the Central Government.

Core Legal Purpose

The core purpose is to establish a formal procedure for exchanging legal documents with other countries, facilitating international cooperation in legal matters.

Key Legal Elements

•Receipt of a letter of request, summons, or warrant from a contracting State
•Transmission of such documents to the concerned Court in India or to a contracting State
•Specification of form and manner of transmission by the Central Government
•No specific exceptions are outlined in this section

Practical Example

Practical Example of Section 123 BNSS

For instance, if Rajesh, an Indian citizen, is involved in a legal case in a contracting State, the Central Government may receive a letter of request from that State. The Government would then transmit this document to the relevant Indian court, following the specified procedure, to ensure cooperation and proper handling of the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 123 BNSS

Q: What is the punishment or consequence under Section 123 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?

The section applies to the transmission of legal documents between the Central Government and contracting States or Indian courts, not directly to private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section does not outline any offences, thus it is neither bailable nor cognizable.

Common Questions about Section 123 BNSS

What is Section 123 of BNSS?

Section 123 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in respect of letter of request". In plain terms: The Central Government handles letters of request, summons, or warrants between India and contracting states, specifying the form and manner of transmission.

What is the punishment under Section 123 of BNSS?

Section 123 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 123 of BNSS bailable or non-bailable?

Whether Section 123 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 123 of BNSS?

The essential elements of Section 123 of BNSS are: Receipt of a letter of request, summons, or warrant from a contracting State; Transmission of such documents to the concerned Court in India or to a contracting State; Specification of form and manner of transmission by the Central Government.

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