Enables Indian courts and authorities to execute foreign requests for investigation within India.
Strengthens mutual legal assistance in cross-border criminal investigations.
Introduction
Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedure for execution in India of a letter of request received from a foreign country or place outside India seeking assistance in investigation. The provision enables Indian courts and authorities to examine witnesses, collect evidence, or secure documents in response to such requests through officially recognized channels.
It forms an essential component of the framework governing international cooperation in criminal justice.
Objective of the Provision
The objectives of Section 113 BNSS are
- to facilitate execution of foreign investigative requests within India
- to strengthen reciprocal legal assistance between jurisdictions
- to enable collection of evidence located in India for foreign proceedings
- to support effective investigation of transnational offences
The provision ensures structured cooperation between India and foreign authorities.
Meaning / Concept
Letter of Request from Foreign Authority
A letter of request under this section is a formal communication sent by a foreign court or competent authority seeking assistance from Indian authorities in relation to criminal investigation or proceedings.
It may request
- examination of witnesses
- production of documents
- collection of material evidence
- execution of investigative steps within India
Such requests operate under reciprocal arrangements notified by the Central Government.
Execution by Indian Authorities
Upon receipt through the Central Government, the request is transmitted to the appropriate court or authority in India for execution according to domestic law.
Thus, the provision enables lawful cooperation without compromising procedural safeguards.
Detailed Explanation of the Section
Section 113 BNSS provides that
- where a letter of request is received from a foreign court or authority for investigation in India
- such request shall be transmitted through the Central Government
- the Central Government forwards the request to the appropriate court or authority for execution
The executing authority may
- examine witnesses
- record statements
- collect documents or material evidence
- undertake investigative steps as requested
Evidence collected in response to the request is forwarded through prescribed channels to the requesting foreign authority.
Key features include
- transmission through Central Government
- execution by competent Indian court or authority
- applicability to investigation and evidence collection
- reciprocal legal assistance framework
These safeguards ensure lawful and structured execution of foreign requests.
Procedure or Legal Framework
The procedural framework under Section 113 BNSS generally includes
- receipt of letter of request from foreign authority
- transmission through Central Government
- forwarding to competent Indian court or authority
- execution of requested investigative steps
- recording of evidence according to Indian law
- transmission of collected material to requesting jurisdiction
This ensures compliance with both domestic procedure and international cooperation obligations.
Judicial Interpretation
Courts have recognized the importance of executing foreign requests within India to ensure effective investigation of transnational offences.
In State (CBI) v. Nalini (1999) 5 SCC 253, the Supreme Court emphasized cooperation between jurisdictions in investigation of offences involving international elements.
In CBI v. V.C. Shukla 1998 Supp (3) SCC 410, the Court acknowledged evidentiary significance of material obtained through mutual legal assistance mechanisms.
In Ram Jethmalani v. Union of India (2011) 8 SCC 1, the Supreme Court highlighted the importance of international cooperation in tracing evidence and assets across jurisdictions.
These rulings support structured execution of foreign investigative requests under Section 113 BNSS.
Importance of the Provision
Section 113 BNSS is important because
- it enables execution of foreign investigative requests within India
- it strengthens international cooperation in criminal justice
- it facilitates evidence collection across jurisdictions
- it supports investigation of offences involving cross-border elements
The provision plays a crucial role in modern transnational criminal procedure.
Connection with Other Sections
Section 113 BNSS operates alongside related provisions governing reciprocal legal assistance
- Section 110 BNSS – Reciprocal arrangements regarding processes
- Section 111 BNSS – Definitions
- Section 112 BNSS – Letter of request to competent authority for investigation outside India
- Section 114 BNSS – Assistance in relation to orders of attachment or forfeiture of property
Corresponding Provision under Old Law
Section 113 BNSS corresponds to Section 166B of the Code of Criminal Procedure, 1973.
Illustrative Example
A foreign court investigating an international fraud case requests examination of witnesses located in India. The request is transmitted through the Central Government to an Indian court, which records witness statements and forwards them to the requesting authority. This procedure complies with Section 113 BNSS.
Conclusion
Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables Indian courts and authorities to execute letters of request received from foreign jurisdictions for investigation within India. By facilitating lawful international cooperation in evidence collection, the provision strengthens effectiveness of transnational criminal proceedings.
