Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 empowers Indian criminal courts to request assistance from foreign judicial authorities during investigations. This provision facilitates international cooperation in criminal matters, allowing Indian authorities to gather evidence located outside India.
๐ Text of Section 112: Letter of Request to Competent Authority for Investigation in a Country or Place Outside India
Section 112. Letter of request to competent authority for investigation in a country or place outside India.
Issuance of Letter of Request: If, during an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer, stating that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request. The letter may request the examination of any person acquainted with the facts and circumstances of the case, the recording of their statement, and the production of any document or thing in their possession pertaining to the case. The evidence so taken or collected, or authenticated copies thereof, shall be forwarded to the Court issuing the letter.
Transmission of Letter of Request: The letter of request shall be transmitted in such manner as the Central Government may specify.
Admissibility of Evidence: Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of investigation under this Sanhita.
โ๏ธ Legal Context and Implications
International Cooperation: Section 112 aligns with India's commitments under various international treaties and conventions, such as the United Nations Convention against Transnational Organized Crime, facilitating cross-border legal assistance in criminal matters.
Admissibility of Foreign Evidence: The provision ensures that evidence obtained through foreign cooperation is admissible in Indian courts, enhancing the robustness of investigations involving international elements.
Central Government's Role: The Central Government's authority to specify the manner of transmitting letters of request ensures standardized procedures, promoting efficiency and consistency in international legal assistance.
๐งพ Illustrative Examples
Example 1: An Indian national is suspected of committing a financial fraud in India but has fled to a foreign country. Indian authorities can issue a letter of request under Section 112 to the competent authority in that country, seeking assistance in obtaining evidence, such as bank records or witness statements, to support the investigation.
Example 2: During an investigation into a cybercrime involving multiple countries, Indian investigators may use Section 112 to request the examination of foreign witnesses or the production of digital evidence stored abroad, aiding in the comprehensive analysis of the crime.
๐ Comparison with Indian Penal Code (IPC)
| Provision | BNSS, 2023 (Section 112) | IPC, 1860 |
|---|---|---|
| International Cooperation | Facilitates cross-border legal assistance | Does not address international cooperation |
| Admissibility of Foreign Evidence | Ensures foreign evidence is admissible in Indian courts | Does not explicitly address foreign evidence |
| Role of Central Government | Specifies manner of transmitting letters of request | Does not involve Central Government in international matters |
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