Section 123 BNSS: Procedure in respect of letter of request

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 123 BNSS at a Glance

Section 123 BNSS deals with procedure in respect of letter of request. It replaced Section 105K CrPC on 1 July 2024.

Section 123 BNSS Bare Act Text

123. Procedure in respect of letter of request

Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

Source: Section 123, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 123 BNSS in Simple Words

Section 123 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure in respect of a letter of request.

Every letter of request, summons or warrant received by the Central Government from a contracting State, and every letter of request, summons or warrant to be transmitted to a contracting State under the Chapter, shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India.

The form and manner are such as the Central Government may, by notification, specify in this behalf.

When Section 123 BNSS Applies

  • Section 123 BNSS applies to every letter of request, summons or warrant received by the Central Government from a contracting State.
  • It applies to every letter of request, summons or warrant to be transmitted to a contracting State under the Chapter.
  • It shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India.
  • The form and manner are such as the Central Government may, by notification, specify in this behalf.

Example of Section 123 BNSS

The Central Government receives a warrant from a contracting State. Under Section 123 BNSS, the warrant shall be sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

When Section 123 BNSS Does Not Apply

  • Section 123 BNSS speaks of letters of request, summons and warrants received from or transmitted to a contracting State. It does not deal with the service of a summons on a person within India, which is the subject of Section 64 BNSS.
  • Section 123 BNSS speaks of the form and manner specified by the Central Government by notification. It does not deal with the application of the Chapter in relation to a contracting State with which reciprocal arrangements have been made, which is the subject of Section 124 BNSS.

Section 123 BNSS in the CrPC (Previous Law)

Section 123 BNSS replaces Section 105K CrPC from the old criminal code.

Section 123 BNSS has the same heading and the same text as Section 105K CrPC.

View CrPC Section 105K โ†’

FAQs on Section 123 BNSS

Which documents does Section 123 BNSS cover?โ–ผ

Section 123 BNSS covers every letter of request, summons or warrant received by the Central Government from a contracting State, and every letter of request, summons or warrant to be transmitted to a contracting State under the Chapter.

Where is a document sent under Section 123 BNSS?โ–ผ

It shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India.

Who specifies the form and manner under Section 123 BNSS?โ–ผ

The Central Government may, by notification, specify the form and manner in this behalf.

What changed from Section 105K CrPC to Section 123 BNSS from 1 July 2024?โ–ผ

Section 123 BNSS has the same heading and the same text as Section 105K CrPC.

Have questions about Section 123 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 20 Oct 2026 ยท