Section 113 BNSS: Foreign Letter of Request for Investigation in India

Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs a letter of request received from a competent Court or authority in a country or place outside India where assistance is sought for examination of a person, production of a document or thing, or investigation in India in relation to an offence under investigation abroad.

Section 113 - Letter of request from a country or place outside India to a Court or an authority for investigation in India

113. (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.

Purpose of Section 113 BNSS

Section 113 creates the inward route for international investigative assistance. While Section 112 deals with an Indian Criminal Court seeking evidence from outside India, Section 113 deals with a competent foreign Court or authority asking India to assist an investigation being conducted abroad.

When Section 113 Applies

The provision applies where:

a letter of request is received from a Court or authority in a country or place outside India;
the foreign Court or authority is competent under the law of that country or place to issue the request;
the request concerns an offence under investigation in that country or place; and
the requested assistance concerns examination of a person, production of a document or thing, or investigation.

Role of the Central Government

The Central Government is the statutory receiving and transmitting authority under Section 113. On receiving a qualifying foreign letter of request, it may, if it thinks fit, use either of the routes specified in sub-section (1).

Route 1: Forwarding to a Magistrate

The Central Government may forward the request to the Chief Judicial Magistrate or to a Judicial Magistrate appointed for the purpose. The Magistrate may then summon the person concerned, record the person's statement, or cause the requested document or thing to be produced.

Route 2: Sending the Request to a Police Officer

Alternatively, the Central Government may send the letter to a police officer for investigation. The police officer must then investigate the offence in the same manner as if the offence had been committed within India.

What Happens to Evidence Collected in India?

Under Section 113(2), all evidence taken or collected under sub-section (1), authenticated copies of that evidence, or any thing collected must be forwarded by the Magistrate or police officer to the Central Government.

The Central Government then transmits the material to the foreign Court or authority that issued the letter of request in the manner it considers appropriate.

Meaning of Letter of Request

In this context, a letter of request is a formal request from a competent foreign judicial or governmental authority seeking assistance from India in collecting evidence or conducting investigation for a criminal matter under investigation outside India.

Difference Between Sections 112 and 113 BNSS

Section 112 BNSS concerns an Indian Criminal Court requesting evidence from a country or place outside India. Section 113 operates in the opposite direction: a competent foreign Court or authority sends a request to India and the Central Government may arrange for the requested examination, production or investigation to be carried out here.

Connection with Section 111 BNSS

Section 111 BNSS contains definitions used in Chapter VIII, including "contracting State". Section 113 forms part of the same Chapter dealing with reciprocal arrangements for assistance in certain matters and procedures for attachment and forfeiture of property.

Related BNSS Provisions

Section 113 should be read with Section 111 - Definitions, Section 112 - Letter of request for investigation outside 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 113 BNSS substantially corresponds to Section 166B of the Code of Criminal Procedure, 1973, which governed letters of request received from a country or place outside India for investigation in India.

Current Legal Status

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, except for the notified entry in the First Schedule relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 113 is therefore part of the operative BNSS criminal procedure framework.

Official Legal Sources

For the authoritative statutory text and current official government material, readers may consult India Code and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: 10 September 2026.