Section 113 BNSS: Letter of request from a country or place outside India to a Court or an authority for investigation in India (Formerly Section 166B CrPC)

Section 113 of Bharatiya Nagarik Suraksha Sanhita, 2023: Letter of request from a country or place outside India to a Court or an authority for investigation in India

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 113

Section 113 provides the procedure for handling a Letter of Request (Letter Rogatory) received from a court or an authority in a foreign country for investigation in India.

Foreign Requisition: Letter of Request received from a contracting state via the Central Government.
Forwarding to Police/Agency: Central Government forwards the request to the CJM or designated investigating agency (CBI/ED/NIA).
Domestic Investigation Powers: Investigating officers examine witnesses, seize records, and produce evidence as if the crime were committed in India.

Key Landmark Precedents:

Union of India v. W.N. Chadha (1993) Supp 4 SCC 260: The Supreme Court held that issuing or executing Letters Rogatory under the Code is part of the investigative machinery, and suspects have no vested right of prior hearing before issuance of requests.
P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24: Reaffirmed the validity of cross-border evidence collection through Letters Rogatory under reciprocal international covenants.

Courtroom Practice & Strategic Litigation Guidance:

Witnesses examined pursuant to a foreign Letter of Request under Section 113 enjoy all constitutional rights against self-incrimination under Article 20(3) and the right to legal assistance.