Section 112 BNSS: Letter of request to competent authority for investigation in a country or place outside India
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 112 BNSS at a Glance
Section 112 BNSS deals with letter of request to competent authority for investigation in a country or place outside India. It replaced Section 166A CrPC on 1 July 2024.
Section 112 BNSS Bare Act Text
(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.
Source: Section 112, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 112 BNSS in Simple Words
Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a letter of request to a competent authority for investigation in a country or place outside India. Section 112(1) BNSS applies when, in the course of an investigation into an offence, an application is made that evidence may be available in a country or place outside India. The application is made by the investigating officer or any officer superior in rank to the investigating officer. On such an application, any Criminal Court may issue a letter of request to a Court or an authority in that country or place that is competent to deal with the request.
The letter may ask that Court or authority to examine orally any person supposed to be acquainted with the facts and circumstances of the case, and to record the statement made in the examination. It may also ask the Court or authority to require that person, or any other person, to produce any document or thing that is in the possession of that person and pertains to the case. It may further ask the Court or authority to forward all the evidence taken or collected, or authenticated copies of it, or the thing collected, to the Court issuing the letter. Under Section 112(2) BNSS, the letter of request shall be transmitted in the manner the Central Government may specify in this behalf.
Section 112(3) BNSS deals with what is received under Section 112(1) BNSS. Every statement recorded or document or thing received shall be deemed to be the evidence collected during the course of investigation under the Sanhita.
When Section 112 BNSS Applies
- Section 112(1) BNSS applies where, 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.
- Section 112(1) BNSS says the letter of request may be to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record the 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.
- Section 112(1) BNSS says the letter of request may also be to forward all the evidence so taken or collected, or the authenticated copies of it, or the thing so collected, to the Court issuing such letter.
- Section 112(2) BNSS says the letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
- Section 112(3) BNSS says every statement recorded or document or thing received under Section 112(1) BNSS shall be deemed to be the evidence collected during the course of investigation under this Sanhita.
Example of Section 112 BNSS
When Section 112 BNSS Does Not Apply
- Section 112 BNSS speaks of a letter of request issued by a Criminal Court to a country or place outside India. It does not deal with a letter of request received from a country or place outside India, which Section 113 BNSS covers under the heading Letter of request from a country or place outside India to a Court or an authority for investigation in India.
- Section 112 BNSS speaks of a letter of request to examine a person and collect evidence. It does not deal with a warrant for arrest or a summons or warrant executed in a contracting State, which Section 114 BNSS covers under the heading Assistance in securing transfer of persons.
Section 112 BNSS in the CrPC (Previous Law)
Section 112 BNSS replaced Section 166A CrPC from 1 July 2024.
Section 166A of the Code of Criminal Procedure, 1973 is found in Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 112(1) BNSS has no counterpart to the opening words of Section 166A(1) CrPC, which read notwithstanding anything contained in this Code. Section 112(3) BNSS says under this Sanhita where Section 166A(3) CrPC said under this Chapter. The rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 112 BNSS
Who may apply, and who may issue a letter of request under Section 112 BNSS?โผ
Section 112(1) BNSS says that 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.
What may a letter of request under Section 112(1) BNSS ask for?โผ
Section 112(1) BNSS says the letter of request may ask the Court or authority to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record the statement made in the course of such examination. It may also ask 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 of it, or the thing so collected, to the Court issuing such letter.
How is the letter of request transmitted, and what is the status of what is received under Section 112 BNSS?โผ
Section 112(2) BNSS says the letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. Section 112(3) BNSS says every statement recorded or document or thing received under Section 112(1) BNSS shall be deemed to be the evidence collected during the course of investigation under this Sanhita.
What changed from Section 166A CrPC to Section 112 BNSS from 1 July 2024?โผ
From 1 July 2024, Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 166A of the Code of Criminal Procedure, 1973. Section 112 BNSS has the same heading as Section 166A CrPC. Section 112(1) BNSS has no counterpart to the opening words of Section 166A(1) CrPC, which read notwithstanding anything contained in this Code. Section 112(3) BNSS says under this Sanhita where Section 166A(3) CrPC said under this Chapter. The rest of the text is the same.
Section 112 BNSS: Sub-sections Explained
Section 112(1) BNSS: Letter of request to competent authority for investigation in a country or place outside India
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Bare Act Text
(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.
Section 112(2) BNSS: Letter of request to competent authority for investigation in a country or place outside India
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Bare Act Text
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
Previous Law
CrPC 166A(2) โ Section 112(2) BNSS
Section 112(3) BNSS: Letter of request to competent authority for investigation in a country or place outside India
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Bare Act Text
(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.
Previous Law
CrPC 166A(3) โ Section 112(3) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 26 Oct 2026 ยท