Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 112: Letter of request to competent authority for investigation in a country or place outside India.
(1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.
Brief Detail
This section outlines the process by which a Criminal Court in India can request assistance from a foreign court or authority during an investigation. It allows for the examination of witnesses and the collection of evidence from outside India, ensuring that necessary information can be obtained for legal proceedings.
Question & Answers
What is the purpose of Section 112?
It provides a mechanism for Indian Criminal Courts to request evidence from foreign courts or authorities during investigations.
Who can initiate a letter of request?
The investigating officer or any officer superior in rank can make the application for a letter of request.
What can be requested through this letter?
The letter can request the examination of witnesses and the production of documents or things relevant to the case.
How is the letter of request transmitted?
It shall be transmitted in the manner specified by the Central Government.
What is the legal standing of the evidence collected through this process?
Any statement recorded or document received is considered evidence collected during the investigation under this Chapter.
Example
- During a fraud investigation, the Indian police discover that a key witness resides in another country.
- The investigating officer submits an application to the Criminal Court to issue a letter of request to the foreign authority.
- The letter requests the foreign court to examine the witness and gather any relevant documents.
- The evidence collected is then forwarded to the Indian Court for further proceedings.
Summary
Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a formal process for Indian Criminal Courts to seek evidence from foreign jurisdictions, facilitating international cooperation in legal investigations and enhancing the ability to gather comprehensive evidence necessary for justice.
