Section 112 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Letter Of Request To Competent Authority For Investigation In A Country Or Place Outside India.

Code: Section 112 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

Explanation

Section 112 of the BNSS deals with obtaining evidence from outside India during an investigation. It empowers a Criminal Court to issue a “letter of request” to a competent authority in a foreign country or place to gather evidence relevant to a case being investigated in India.

Illustration

Imagine a case where a suspect flees to a foreign country after committing a crime in India. The investigating officer, unable to directly obtain evidence from the suspect, can apply to a Criminal Court in India to issue a letter of request to the relevant authority in the foreign country. This letter would request them to examine the suspect, record their statement, and potentially collect any related documents or objects.

Common Questions and Answers

• Q: Who can apply for a letter of request under Section 112?
  A: An investigating officer or an officer superior to the investigating officer can apply to the Court.
• Q: What kind of evidence can be sought through a letter of request?
  A: It can include oral statements from individuals acquainted with the case, documents, and physical objects.
• Q: How is the letter of request transmitted?
  A: The Central Government prescribes the manner of transmission.
• Q: How is the evidence obtained through a letter of request treated?
  A: It is considered evidence collected during the investigation under the BNSS.