Bharatiya Nagarik Suraksha Sanhita, 2023
Section 123
Procedure in respect of letter of request
Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.
Why this exists
This provision is part of the chapter on international cooperation in criminal matters called 'mutual legal assistance.' When Indian courts need help from a foreign court (like serving a summons on someone abroad) or a foreign country needs India's help, these documents must pass through the Central Government first, since only the government can officially deal with other nations. This section lets the government standardize the paperwork and channels used, so there's a consistent, predictable system for handling such requests instead of ad hoc arrangements each time.
Common misconceptions
- Myth: Indian courts can directly send summons or warrants to people or courts in foreign countries.
Fact: Such documents must go through the Central Government, which forwards them using a method it has officially notified.