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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 113 BNSS at a Glance

Section 113 BNSS deals with letter of request from a country or place outside India to a Court or an authority for investigation in India. It replaced Section 166B CrPC on 1 July 2024.

Was CrPC

Section 166B →

Section 113 BNSS Bare Act Text

(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.

Source: Section 113, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 113 BNSS in Simple Words

Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a letter of request from a country or place outside India to a Court or an authority for investigation in India. The letter comes from a Court or an authority in that country or place that is competent to issue it. It asks for the examination of a person or the production of a document or thing in relation to an offence under investigation there. On receipt of the letter, the Central Government may, if it thinks fit, choose either of the following steps.

It may forward the letter to the Chief Judicial Magistrate. It may instead forward it to a Judicial Magistrate whom the Chief Judicial Magistrate may appoint in this behalf. The Magistrate shall then summon the person and record the statement, or cause the document or thing to be produced. Or the Central Government may send the letter to a police officer for investigation.

The police officer shall then investigate the offence in the same manner as if the offence had been committed within India. The Magistrate or police officer, as the case may be, shall forward all the evidence taken or collected, or authenticated copies of it, or the thing collected, to the Central Government. This is for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.

When Section 113 BNSS Applies

  • Section 113(1) BNSS applies 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, act under Section 113(1)(i) BNSS or Section 113(1)(ii) BNSS.
  • Section 113(1)(i) BNSS says the Central Government may forward the letter of request 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.
  • Section 113(1)(ii) BNSS says the Central Government may 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.
  • Section 113(2) BNSS says all the evidence taken or collected under Section 113(1) BNSS, or authenticated copies of it, 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.

Example of Section 113 BNSS

A Court in a country outside India sends a letter of request for the examination of Arjun in relation to an offence under investigation in that country. Upon receipt of the letter of request, the Central Government thinks fit to act. Under Section 113(1)(i) BNSS, the Central Government forwards the letter of request to the Chief Judicial Magistrate, who shall thereupon summon Arjun before the Chief Judicial Magistrate and record the statement of Arjun. Under Section 113(2) BNSS, the evidence taken shall be forwarded to the Central Government for transmission to the Court issuing the letter of request.

When Section 113 BNSS Does Not Apply

  • Section 113 BNSS speaks of a letter of request received from a country or place outside India. It does not deal with a letter of request issued by a Criminal Court to a country or place outside India, which Section 112 BNSS covers under the heading Letter of request to competent authority for investigation in a country or place outside India.
  • Section 113 BNSS speaks of a letter of request for the examination of a person or the production of a document or thing. 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 113 BNSS in the CrPC (Previous Law)

Section 113 BNSS replaced Section 166B CrPC from 1 July 2024.

Section 166B of the Code of Criminal Procedure, 1973 is found in Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 113(1)(i) BNSS names the Chief Judicial Magistrate or Judicial Magistrate as he may appoint, where Section 166B(1)(i) CrPC named the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 113 BNSS

What may the Central Government do on receiving a letter of request under Section 113(1) BNSS?▼

Section 113(1) BNSS says that 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, 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, forward it to a Magistrate under Section 113(1)(i) BNSS or send it to any police officer for investigation under Section 113(1)(ii) BNSS.

Which Magistrates are named in Section 113(1)(i) BNSS?▼

Section 113(1)(i) BNSS names the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf. That Magistrate shall thereupon summon the person before him and record his statement or cause the document or thing to be produced.

How is the evidence sent back under Section 113(2) BNSS?▼

Section 113(2) BNSS says all the evidence taken or collected under Section 113(1) BNSS, or authenticated copies of it, 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.

What changed from Section 166B CrPC to Section 113 BNSS from 1 July 2024?▼

From 1 July 2024, Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 166B of the Code of Criminal Procedure, 1973. Section 113 BNSS has the same heading as Section 166B CrPC. Section 113(1)(i) BNSS names the Chief Judicial Magistrate or Judicial Magistrate as he may appoint, where Section 166B(1)(i) CrPC named the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint. The rest of the text is the same.

Section 113 BNSS: Sub-sections Explained

Section 113(1) BNSS: Letter of request from a country or place outside India to a Court or an authority for investigation in India

▶

Bare Act Text

(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.

Previous Law

CrPC 166B → Section 113(1) BNSS

Section 113(2) BNSS: Letter of request from a country or place outside India to a Court or an authority for investigation in India

▶

Bare Act Text

(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.

Previous Law

CrPC 166B(2) → Section 113(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·