Introduction to Section 113 BNSS / Foreign Request for Evidence or Investigation in India
Section 113 BNSS explains how India handles requests from foreign courts or legal authorities when they need help in a criminal case. If a country outside India is investigating a crime and needs information or evidence from India — like someone’s statement or important documents — they can send a formal request to the Indian government.
What is BNSS Section 113 ?
BNSS Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the process through which a foreign country can request India to help in a criminal investigation. This includes examining witnesses or collecting evidence like documents or items present in India that are related to a crime being investigated in that foreign country.
BNSS Section of 113 in Simple Points
1. Foreign Countries Can Ask for Help
What It Means:
A foreign country can officially request help from India in gathering evidence or examining witnesses for a crime investigation. This is done through a letter of request sent to the Indian government. It’s a formal process, and the request can come from a court or a legal authority in the foreign country.
Why It Matters:
This helps countries cooperate in solving crimes that have international connections. It ensures that crimes involving multiple countries can be investigated thoroughly.
Example:
If someone in Canada is accused of tax evasion and the evidence is located in India, the Canadian authorities can ask India to provide access to the necessary documents stored in an Indian bank.
2. Central Government’s Role
What It Means:
Once India receives the foreign request, the Central Government checks if it’s valid and complies with Indian laws. The government decides whether the request should be approved. Only the Indian government can forward such requests to local authorities like magistrates or police officers.
Why It Matters:
This protects India’s sovereignty and ensures that requests are legitimate and fall within legal and diplomatic agreements. It prevents misuse or requests that could violate Indian laws.
Example:
If the Indian government receives a request from a country with whom India doesn’t have a legal cooperation agreement, it might reject the request or apply certain restrictions.
3. Investigation Can Be Assigned to Magistrate or Police
What It Means:
The Indian government can direct the Chief Judicial Magistrate or a Judicial Magistrate to carry out the task of gathering evidence or summoning witnesses. Alternatively, the government may assign police officers to investigate and collect the required evidence or documents.
Why It Matters:
India has an established legal and judicial system. This ensures that the process follows Indian laws, and that any person or document involved is handled by trained legal professionals.
Example:
For a request related to witness testimony, a Magistrate may call the person to testify. However, for gathering electronic evidence, the Indian police might be assigned to investigate digital records.
4. Investigation Is Done As Per Indian Law
What It Means:
The investigation carried out by Indian authorities, whether a magistrate or police, must follow Indian legal procedures. This includes respecting human rights, ensuring fair treatment, and upholding justice for everyone involved in the investigation.
Why It Matters:
It guarantees that the investigation does not violate the rights of any individual in India. Even though the request comes from a foreign country, the investigation must adhere to Indian laws, protecting the rights of witnesses and accused persons.
Example:
If a foreign country requests the detention of a person in India for questioning, Indian authorities can only proceed according to Indian arrest laws. This ensures that a person cannot be arbitrarily detained without following due process.
5. Evidence Goes Back Through Government Channels
What It Means:
Once the evidence (documents, statements, objects, etc.) is collected by the magistrate or police in India, it is not sent directly to the foreign country. Instead, the Indian authorities send it to the Central Government, which then forwards it to the requesting foreign authority through official diplomatic channels.
Why It Matters:
This maintains the legal chain of custody and ensures the integrity of the evidence. It also allows the Indian government to control the process and prevent any potential misuse or mishandling of sensitive information.
Example:
A magistrate in New Delhi records the testimony of an Indian citizen in connection to a fraud case in Germany. After collecting the evidence, it is sent to the Indian Ministry of Home Affairs, which then sends it to the German authorities.
Section 113 of BNSS Overview
BNSS Section 113 outlines how India cooperates with foreign countries in criminal investigations. When a foreign country requests assistance in gathering evidence or questioning witnesses related to a crime being investigated within its jurisdiction, the Indian government can act on this request. The process begins with a formal letter of request from a foreign court or authority, asking India for help.
BNSS Section 113 – 10 Key Points
1. Foreign Country Can Ask India for Help in Criminal Cases
A foreign country, where a criminal case is being investigated, can formally request India to help gather evidence from someone or something located in India.
Why it matters: Sometimes, part of a crime involves people, documents, or evidence from another country.
Example: A money laundering case is happening in Germany. The accused transferred some money to an Indian account. Germany sends a letter of request to India to get information from the Indian bank involved.
2. Only a Recognized Court or Legal Body Can Make the Request
The request must come from a proper legal body – such as a court, judge, or legally authorized investigation agency in that country. It should not come from individuals or unofficial sources.
Why it matters: This ensures the request is official and not misused.
Example: A U.S. District Court sends a request to India for taking the testimony of a witness living in Delhi, not a private detective.
3. India’s Central Government Must Review and Approve
When India receives such a request, the Central Government (usually through the Ministry of Home Affairs) will check if the request is valid, lawful, and within India’s legal framework.
Why it matters: India protects its sovereignty and does not allow any random foreign requests to interfere with its laws.
Example: If the request is about something minor or unrelated to a criminal matter, the Indian government may reject it.
4. Government Can Assign the Task to a Magistrate
If approved, the Central Government can direct a Judicial Magistrate or Chief Judicial Magistrate to act on the request.
Role of the Magistrate: To summon individuals, record statements, and collect required documents or evidence.
Example: A Judicial Magistrate in Chennai is assigned to take the sworn statement of an Indian businessman for a case in Canada.
5. Or, the Government May Assign the Task to a Police Officer
Instead of a magistrate, the Central Government may forward the request to a police officer to carry out the investigation.
Why this is useful: In some cases, police officers are better suited to collect documents or investigate complex matters quickly.
Example: In a cybercrime case from Australia, the request is forwarded to the Mumbai Cyber Cell Police to trace emails and recover servers.
6. Investigation Is Done As If the Crime Happened in India
Whether it’s handled by a magistrate or police, the investigation will be done according to Indian laws, just like a crime committed within India.
Why it matters: This ensures Indian procedures, rights, and protections are followed.
Example: The Delhi police cannot torture or illegally detain a person during the investigation, even if the foreign request is urgent.
7. Collected Evidence Must Be Sent to Central Government
All the evidence (documents, objects, or recorded statements) must be forwarded to the Central Government after collection. It is not directly sent to the foreign country.
Why this matters: The government reviews and ensures nothing illegal or confidential is being shared.
Example: A recorded video statement from an Indian witness is first checked by Indian authorities before being sent to France.
8. Government Sends Evidence to the Foreign Authority
After reviewing, the Central Government sends the collected material to the foreign court or authority that made the original request.
How it’s done: Through proper legal and diplomatic channels (like the Ministry of External Affairs or embassy).
Example: The Ministry sends court-certified documents to the Italian legal authority through official channels.
9. Only Countries with Agreements Can Use This Process
This rule usually applies to countries that have mutual legal assistance treaties (MLATs) or similar legal agreements with India (called contracting States).
Why this is important: Such agreements ensure both countries cooperate fairly and equally.
Example: India has an MLAT with the USA, so both countries help each other in criminal investigations using similar procedures.
10. Government May Set Special Rules for Some Countries
Even for countries with agreements, India may decide to add conditions, limits, or exceptions before acting on such requests. These rules are published in the Official Gazette.
Why this exists: To protect national interest and prevent misuse of Indian legal systems.
Example: For a certain country, India may decide that it will only accept requests if they are related to terrorism or economic crimes.
Example 1: Financial Fraud Case in USA
A court in New York is investigating a major bank fraud. One of the key people involved has Indian connections, and a few important bank records are stored in Mumbai.
The U.S. court sends a formal request to the Indian Government under BNSS Section 113.
The Indian Government approves the request and asks a magistrate in Mumbai to collect the records and record the statement of the Indian witness.
The evidence is then sent back to the U.S. court through proper legal channels.
Example 2: Drug Trafficking Case in Australia
An Australian court is handling a drug trafficking case where a person in Goa allegedly helped smuggle drugs.
The Australian police request India’s help to examine this person and collect his phone data.
The Indian Government sends the request to the local police in Goa.
The police collect the data and forward it to the central government, which then sends it to the Australian authorities.
Section 113 of BNSS Short Information
| Point | Details |
|---|---|
| Section | BNSS Section 113 |
| Title | Letter of request from outside India for investigation |
| Offence | Not an offence – it’s a legal process |
| Definition | Process by which India helps a foreign country collect evidence for a criminal case |
| Punishment | Not applicable (This section is procedural, not penal) |
| Bailable/Non-Bailable | Not applicable |
BNSS Section 113 FAQs
BNSS 113
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