Section 105K CrPC: Procedure in respect of letter of request
Code of Criminal Procedure, 1973
Section 105K CrPC at a Glance
Section 105K CrPC deals with procedure in respect of letter of request. From 1 July 2024 it is replaced by Section 123 BNSS.
What Section 105K CrPC Says
105K. 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 105K, Code of Criminal Procedure, 1973
Section 105K CrPC in Simple Words
Section 105K of the Code of Criminal Procedure, 1973 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 105K CrPC Applies
- Section 105K CrPC 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 105K CrPC
When Section 105K CrPC Does Not Apply
- Section 105K CrPC 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 62 CrPC.
- Section 105K CrPC 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 105L CrPC.
Section 105K CrPC Under BNSS 123: What Changed
Section 105K CrPC is now covered under Section 123 BNSS.
Section 123 BNSS has the same heading and the same text as Section 105K CrPC.
View detailed comparison (CrPC 105K vs BNSS 123) โFAQs on Section 105K CrPC
Which documents does Section 105K CrPC cover?โผ
Section 105K CrPC 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 105K CrPC?โผ
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 105K CrPC?โผ
The Central Government may, by notification, specify the form and manner in this behalf.
Where is Section 105K CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โผ
Section 105K CrPC has no sub-sections, and maps as a whole to Section 123 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 20 Oct 2026 ยท