Enables courts to seek foreign assistance for investigation through formal letters of request.
Facilitates collection of evidence located outside India during criminal proceedings.
Introduction
Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a criminal court to issue a letter of request to a competent authority in a foreign country or place outside India for the purpose of investigation relating to an offence. The provision enables courts to obtain evidence, examine witnesses, or secure documents situated abroad through recognized channels of international cooperation.
It strengthens the procedural framework for handling transnational criminal investigations.
Objective of the Provision
The objectives of Section 112 BNSS are
- to enable courts to obtain evidence located outside India
- to facilitate international cooperation in criminal investigations
- to support examination of witnesses residing abroad
- to ensure effective investigation of offences having cross-border elements
The provision ensures continuity of investigation despite territorial limitations.
Meaning / Concept
Letter of Request
A letter of request is a formal judicial communication sent by an Indian criminal court to a foreign court or authority requesting assistance in investigation.
It may seek
- examination of witnesses
- production of documents
- collection of evidence
- execution of investigative acts
This mechanism operates within mutual legal assistance frameworks.
Competent Authority Outside India
The competent authority refers to a court or investigative authority in a foreign jurisdiction empowered under reciprocal arrangements or applicable international agreements to act upon such requests.
Thus, the provision enables lawful cross-border investigative cooperation.
Detailed Explanation of the Section
Section 112 BNSS provides that
- if during investigation, inquiry, or trial it appears to a criminal court that evidence is required from a country or place outside India
- the court may issue a letter of request to the competent authority in that jurisdiction
- the request may relate to
- examination of persons
- recording of statements
- production of documents
- collection of other evidence relevant to the case
The letter of request shall be transmitted through
- the Central Government
- or any authority notified for this purpose
The evidence received in response may be used in criminal proceedings according to law.
Key features include
- issuance by competent criminal court
- applicability during investigation, inquiry, or trial
- involvement of Central Government as transmission channel
- admissibility of evidence obtained through lawful cooperation
These safeguards ensure structured international evidence collection.
Procedure or Legal Framework
The procedural framework under Section 112 BNSS generally includes
- identification of necessity of foreign evidence
- application before criminal court
- issuance of letter of request by the court
- transmission through Central Government or designated authority
- execution by competent authority abroad
- receipt of evidence before Indian court
The evidence obtained becomes part of the investigation record.
Judicial Interpretation
Courts have recognized the importance of letters of request in securing foreign evidence for effective adjudication.
In State (CBI) v. Nalini (1999) 5 SCC 253, the Supreme Court emphasized the necessity of international cooperation in investigation of offences having transnational implications.
In CBI v. V.C. Shukla 1998 Supp (3) SCC 410, the Court acknowledged the evidentiary relevance of material collected through international assistance mechanisms.
In Ram Jethmalani v. Union of India (2011) 8 SCC 1, the Supreme Court highlighted the importance of cross-border cooperation in tracing and investigating criminal assets abroad.
These decisions reinforce the procedural significance of letters of request under Section 112 BNSS.
Importance of the Provision
Section 112 BNSS is important because
- it enables investigation beyond national borders
- it facilitates examination of foreign witnesses
- it supports recovery of documentary evidence located abroad
- it strengthens prosecution of transnational offences
The provision plays a crucial role in modern criminal investigations involving international elements.
Connection with Other Sections
Section 112 BNSS operates alongside provisions governing reciprocal arrangements and international cooperation
- Section 110 BNSS – Reciprocal arrangements regarding processes
- Section 111 BNSS – Definitions
- Section 113 BNSS – Letter of request from a country or place outside India to a court or authority for investigation
- Section 114 BNSS – Assistance in relation to orders of attachment or forfeiture of property
Corresponding Provision under Old Law
Section 112 BNSS corresponds to Section 166A of the Code of Criminal Procedure, 1973.
Illustrative Example
During investigation of an economic offence, a criminal court finds that key financial records are located in a foreign jurisdiction. The court issues a letter of request to the competent authority of that country seeking production of the documents and examination of relevant witnesses. The evidence received is used during trial. This procedure is valid under Section 112 BNSS.
Conclusion
Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers criminal courts to issue letters of request to foreign authorities for assistance in investigation. By enabling lawful collection of evidence located outside India, the provision strengthens the effectiveness of criminal proceedings involving transnational elements.
