Introduction to Section 112 BNSS / Investigate Crimes Across Borders
Section 112 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced parts of the old Criminal Procedure Code (CrPC). This section deals with how Indian investigation agencies can collect evidence from outside India when needed for a criminal case. It provides a legal way for Indian courts to request help from foreign countries to gather important information, documents, or witness statements. In today’s digital and global world, crimes often involve multiple countries. BNSS Section 112 helps ensure that evidence across borders can still be accessed properly and legally.
What is BNSS Section 112 ?
BNSS Section 112 is a legal rule that helps Indian police and courts collect important evidence from foreign countries during a criminal investigation. It can include asking another country to:
- Question someone about the case,
- Send important papers or items,
- Record statements from key witnesses,
- Help seize things related to the crime.
The request is made by the court and passed through the Central Government, not directly by police officers. This helps maintain international law and ensures that justice is done even if part of the crime or proof is outside India.
BNSS Section of 112 in Simple Points
1. Asking Foreign Country for Help in Investigation
Sometimes, during a police investigation, the officer may find that important information or proof is available in another country. For example, a witness may live abroad, or important documents may be in a foreign office. In such cases, the police can apply to an Indian criminal court and ask it to send a “letter of request” to the foreign country. This letter asks the other country’s court or legal authority to help by collecting that evidence. The Indian court must be satisfied that the evidence is important and related to the case before sending the letter.
2. What the Letter Can Ask For
The letter sent by the Indian court can request the foreign authority to talk to a person (witness) and record their statement. It can also ask them to collect documents or items (like contracts, emails, CCTV footage, etc.) that may be useful in solving the case. The foreign authority is also requested to send back original or certified copies of these statements or items to the Indian court. This process helps the Indian court to get all relevant facts, even if they are outside India.
3. Role of the Central Government
The Indian court cannot directly send the request to a foreign court. It must go through the Central Government, which sends the letter properly under international rules. The Government decides how the letter should be sent, whether through embassies, diplomatic channels, or other official routes. This ensures the request follows proper protocol and maintains good relations between countries. Only the Central Government can decide the method of communication for such legal cooperation.
4. Foreign Evidence is Considered Legal Evidence in India
Once the foreign country collects the evidence and sends it back, it is accepted as part of the Indian investigation. According to this law, anything collected under the letter of request—like a statement, document, or item—is treated as valid evidence just like evidence collected by the Indian police. This is very helpful because otherwise, it would be difficult to include foreign information in Indian court trials.
5. Used with Countries that Have Agreements with India
This law works best with countries that have reciprocal agreements (mutual legal treaties) with India. These are called “contracting states.” India and these countries agree to help each other in criminal investigations. The Indian Government can also make rules or give exceptions for different countries by issuing a notification in the Official Gazette. This helps in creating a smooth legal process while respecting international law.
Section 112 of BNSS Overview
BNSS Section 112 allows a criminal court in India to issue a “letter of request” to a competent authority or court in a foreign country. This letter asks them to help with the investigation by examining witnesses, collecting documents, or seizing items that are important to the case. The section ensures such requests follow proper diplomatic and legal channels through the Central Government. Any evidence received through this process is treated as if it was collected during the investigation in India. This section makes international cooperation smoother, especially when dealing with crimes like cyber fraud, financial scams, and terrorism.
BNSS Section 112 – Letter of Request to Competent Authority for Investigation in a Country or Place Outside India
1. Purpose of Section 112
BNSS Section 112 allows Indian investigation officers to get help from foreign countries during criminal investigations. If evidence like documents, witnesses, or digital records is located outside India, this section gives the legal process to obtain them. The court can issue a “letter of request” to a foreign court or authority to help with the investigation. This is important in cases where crimes cross international borders. It ensures that no important information is lost just because it is in another country. Without this section, such investigations would be difficult. Section 112 makes international cooperation legally valid and official. It connects Indian investigations with global evidence collection processes.
2. Who Can Apply for the Letter
Only an investigating officer or a superior officer involved in a criminal case can apply for this letter. This ensures the request is made only by responsible authorities. The officer must give valid reasons why the court should believe that the required evidence is located in a foreign country. This application is made to an Indian criminal court handling the investigation. The court then examines the facts and decides whether to issue the letter. The court plays a key role in checking the need for international help. This system prevents misuse and keeps the investigation process fair. It also ensures that privacy and laws are respected on both sides.
3. What the Letter Can Ask For
The letter of request can ask the foreign authority to examine a person who may know something about the case. It can also ask them to record a statement, collect documents, or seize relevant items related to the crime. For example, a CCTV recording or business contract stored abroad may be requested. These materials must be sent back to the Indian court that issued the letter. The foreign authority must follow their own country’s legal rules while collecting this information. This step allows Indian courts to build a strong case. It widens the scope of investigation and ensures no clue is missed.
4. How the Letter is Sent
The court cannot send the letter directly to another country. It must go through the Central Government, which handles all international legal communications. The government decides the safest and most official route—usually through diplomatic channels or the Ministry of External Affairs. This avoids legal confusion and ensures respect between countries. The Central Government also keeps records of such communications. It acts as the bridge between Indian courts and foreign authorities. This system ensures that international legal requests are managed properly. It brings coordination and avoids international misunderstandings.
5. Legal Validity of Foreign Evidence
Any evidence, statement, or document collected through this process is considered valid under Indian law. It is treated as if it was collected in India by the investigating team. This helps in using the evidence directly during the trial. It also avoids delays caused by long legal arguments over the source of the information. The court trusts the method because it followed official legal steps. As long as the foreign authority collects it properly, it is usable. This gives international evidence the same power as local evidence. It strengthens cross-border investigations and fairness in justice.
6. When to Use This Section
This section is used when a part of the crime or proof lies outside India. For example, if the accused used a foreign email service to commit fraud, or stored illegal money in a foreign bank, this section applies. It is also used when a witness or co-accused lives abroad and has vital information. The section is most useful in cases of cybercrime, terror funding, international scams, or economic offences. Police cannot travel and collect this evidence on their own. The legal way is through this section. It ensures law enforcement follows the correct steps internationally.
7. Use with Contracting States Only
BNSS Section 112 mostly works with countries that have mutual agreements (treaties) with India. These countries are called “contracting states”. India has signed many agreements where both sides agree to help in criminal matters. This helps in avoiding legal issues like violation of sovereignty. If no agreement exists, it may be difficult or even impossible to get evidence. The Central Government can also notify special conditions for some countries. These notifications are published in the Official Gazette. This system ensures that every international request follows the rules.
8. Importance in Modern Crimes
In today’s digital world, many crimes happen online or across countries. Criminals often use foreign servers, cryptocurrency, or hide evidence abroad. BNSS Section 112 is very important in such modern crimes. It allows Indian police to go beyond borders legally and find out the full truth. Without this law, many digital or financial crimes would remain unsolved. International cooperation is now a big part of justice. This section brings Indian law in line with global criminal justice systems. It helps courts stay updated with the way crimes are changing in modern times.
9. Protection of Rights and Legal Process
Even when collecting foreign evidence, this section makes sure that legal rights are not violated. It respects the foreign country’s laws and does not force them to act outside their own rules. For example, if their law doesn’t allow recording of certain private data, India must respect that. It creates a balance between investigation and respecting human rights. Also, the Indian court only sends the request after careful thinking and legal review. So, there is a double layer of legal safety—one in India and one in the foreign country. This makes the process safe and fair for all parties involved.
10. Helps in Speedy Trial and Justice
By allowing quick and legal access to foreign evidence, this section saves time in investigations. If the evidence is delayed, cases can take many years to complete. But with a proper legal channel like this, evidence can be collected faster. It supports the idea of a fair and speedy trial. It also ensures that criminals who hide information abroad are not protected just because they crossed the border. This helps courts in making better and faster decisions. It ensures justice is delivered efficiently, even when crimes involve multiple countries.
Example 1:
During a financial fraud case, Indian police learn that a key witness lives in the UK. The Indian court sends a letter of request to the UK court to record the witness’s statement. The UK court sends the recorded testimony back to India, and it becomes part of the investigation.
Example 2:
An accused in a cybercrime case used servers located in Singapore. The investigating officer applies for help. The court sends a request to Singapore authorities to seize certain server logs and send them to India as evidence.
Section 112 of BNSS Short Information
| Topic | Details |
|---|---|
| Section Name | BNSS Section 112 – Letter of Request for Investigation Outside India |
| What It Does | Allows courts to request evidence from another country |
| Who Can Request | Investigating Officer or superior officer, via the Indian criminal court |
| Where It Applies | To countries with which India has a legal agreement |
| Evidence Collected | Statements, documents, and physical evidence from abroad |
| Sent Through | Central Government (not sent directly by the court or police) |
| Legal Status | All evidence collected is valid under Indian law |
BNSS Section 112 FAQs
BNSS 12
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