Bharatiya Nagarik Suraksha Sanhita, 2023
Section 113
Letter of request from a country or place outside India to a Court or an authority for
(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit—
(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.
Why this exists
As crime increasingly crosses borders, countries need legal channels to gather evidence located in each other's territory without violating sovereignty. This provision (carried over from Section 166A of the CrPC) formalizes 'mutual legal assistance' by allowing India to respond to foreign requests through its own judicial and police machinery, ensuring cooperation happens under Indian procedural safeguards and government oversight rather than informal or unilateral action.
How courts read it
Indian courts have generally treated such letters of request (rogatory letters) as tools of international cooperation, emphasizing that the Central Government's discretion under 'may, if it thinks fit' means it is not obligated to act on every request, and that the process must still respect basic procedural fairness for the person being examined, as seen in cases dealing with mutual legal assistance treaties and CBI-led international investigations.
Common misconceptions
- Myth: Any foreign police force can directly summon Indian citizens to give evidence.
Fact: Only a competent foreign court or authority can send an official letter of request, and it must go through India's Central Government first — no direct foreign summons are recognized. - Myth: India must always comply once such a letter of request arrives.
Fact: The wording 'may, if it thinks fit' gives the Central Government discretion to decide whether and how to act on the request.