Section 112 BNSS: Letter of Request for Investigation Outside India
Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables a Criminal Court in India to issue a letter of request to a competent Court or authority in a country or place outside India when evidence relevant to an offence under investigation may be available there. The provision creates a statutory route for collecting statements, documents and other material from abroad for use in an Indian criminal investigation.
112. (1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer 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 to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita.
Purpose of Section 112 BNSS
Criminal investigations can involve witnesses, records, digital material, financial documents or other evidence located outside India. Section 112 provides a judicial mechanism for requesting such evidence from a competent foreign Court or authority. It is part of the BNSS framework for reciprocal arrangements and assistance in criminal matters.
Who May Initiate the Request?
The process begins with an application by the investigating officer or by an officer superior in rank to the investigating officer. The application must state, in substance, that evidence relevant to the investigation may be available in a country or place outside India.
Which Court May Issue the Letter of Request?
Section 112 states that any Criminal Court may issue the letter of request when the statutory conditions are satisfied. The request is addressed to a Court or authority in the foreign country or place that is competent to deal with it.
What Evidence May Be Requested?
The foreign Court or competent authority may be requested to:
- examine orally a person believed to know the facts and circumstances of the case;
- record the statement made during that examination;
- require that person or another person to produce a document or thing relating to the case; and
- forward the evidence collected, authenticated copies of it, or the thing collected to the Court that issued the letter.
Transmission of the Letter of Request
Section 112(2)
The letter of request must be transmitted in the manner specified by the Central Government. This ensures that requests for foreign investigative assistance move through the channel recognized for the relevant country, place or arrangement.
Status of Evidence Received from Abroad
Section 112(3)
Every statement recorded, document received or thing obtained under sub-section (1) is deemed to be evidence collected during the course of investigation under the BNSS. The provision therefore gives the material a defined procedural status within the Indian investigation.
Meaning of Letter of Request
A letter of request is a formal judicial request sent by a Criminal Court to a competent foreign Court or authority seeking assistance in collecting evidence. Under Section 112, the request may concern witness examination, recording of statements, production of documents or production of other things relevant to the investigation.
Connection with Section 111 BNSS
Section 111 contains definitions for the Chapter, including the expression "contracting State". These definitions form part of the broader statutory context for international cooperation, tracing of property, attachment and forfeiture provisions contained in the Chapter.
Related BNSS Provisions
Section 112 should be read with Section 111 - Definitions, Section 113 - Letter of request from outside India for investigation in India, Section 114 - Assistance in securing transfer of persons, and Section 123 - Procedure in respect of letter of request.
Corresponding Provision Under the Code of Criminal Procedure, 1973
Section 112 BNSS substantially corresponds to Section 166A of the Code of Criminal Procedure, 1973, which dealt with letters of request to competent authorities for investigation in a country or place outside India.
Current Legal Status
Official Legal Sources
For the authoritative statutory text and official government material, readers may consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Last reviewed: 10 September 2026.