Section 113 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 113 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure for executing a letter of request received from a foreign country or place for the examination of a person or the production of documents or things in relation to an offence under investigation in that country or place.
📜 Legal Provision
Section 113 outlines the following:
Receipt and Forwarding of Letter of Request:
Upon receiving a letter of request from a court or authority in a foreign country or place, the Central Government may, if it deems fit:
Forward the request to the Chief Judicial Magistrate or Judicial Magistrate, who shall summon the person and record their statement or cause the document or thing to be produced; or
Send the letter to a police officer for investigation, who shall investigate the offence as if it had been committed within India.
Transmission of Collected Evidence:
All evidence taken or collected under sub-section (1), or authenticated copies thereof, shall be forwarded by the Magistrate or police officer to the Central Government for transmission to the court or authority issuing the letter of request, in such manner as the Central Government may deem fit.
⚖️ Legal Context
Section 113 of the BNSS, 2023 corresponds to Section 166B of the Code of Criminal Procedure, 1973 (CrPC), which deals with the procedure for executing a letter of request from a foreign country for investigation in India. Both provisions aim to facilitate international cooperation in criminal matters by providing a legal framework for the execution of foreign requests for assistance in investigations.
🧭 Practical Implications
International Cooperation: This provision enhances India's ability to cooperate with foreign jurisdictions in criminal investigations, promoting a collaborative approach to transnational crime.
Judicial Oversight: The involvement of Indian judicial officers ensures that the execution of foreign requests complies with Indian legal standards and protects the rights of individuals.
Law Enforcement Role: Empowering police officers to investigate offences as if they occurred within India streamlines the process and ensures timely assistance to foreign authorities.
In summary, Section 113 of the BNSS, 2023 provides a structured mechanism for executing foreign requests for assistance in criminal investigations, thereby fostering international legal cooperation while safeguarding domestic legal principles.
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