Section 123 BNSS: Procedure in respect of letter of request (Formerly Section 105K CrPC)

Section 123 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in respect of letter of request

Official Bare Act Text

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

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.

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 123

Section 123 regulates the procedure in respect of Letters of Request issued to foreign countries for the tracing, attachment, and forfeiture of proceeds of crime.

Letter of Request to Foreign Court: Court in India transmits a Letter of Request through the Central Government.
Foreign Execution: Contracting state executes the request according to its domestic asset-recovery laws.
Repatriation of Assets: Proceeds recovered or repatriated are credited to the Central or State Government.

Key Landmark Precedents:

P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24: The Supreme Court noted that international Letters of Request are vital tools to prevent flight of capital and enforce accountability.
Union of India v. W.N. Chadha (1993) Supp 4 SCC 260: Affirmed the sovereign procedural legitimacy of issuing Letters Rogatory to foreign jurisdictions.

Courtroom Practice & Strategic Litigation Guidance:

The issuance of a Letter of Request under Section 123 requires the court to satisfy itself that prima facie evidence exists showing foreign assets were derived from the domestic criminal enterprise.