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Section 105K CrPC - Procedure in Respect of Letter of Request

Section 105K of the Code of Criminal Procedure, 1973 (CrPC) prescribes how letters of request, summons and warrants are transmitted between India and a contracting State in proceedings under Chapter VIIA. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 123.

Current law: The BNSS came into force on 1 July 2024. Section 123 governs the corresponding procedure under the new law, subject to the savings and transitional provisions in Section 531 BNSS for pending proceedings.

Section 105K CrPC - Statutory provision

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.

Meaning and scope of Section 105K

The provision establishes a formal channel for international legal assistance in criminal proceedings concerning reciprocal arrangements for assistance and procedures for attachment and forfeiture of property. It does not by itself empower a private party to send a legally operative request directly to a foreign court.

What is a contracting State?

Under Section 105A(a) CrPC, a contracting State is a country or place outside India in respect of which arrangements have been made by the Central Government with its government through a treaty or otherwise. The corresponding definition appears in Section 111 of the BNSS.

Documents covered

The section addresses incoming and outgoing letters of request, summons and warrants under the relevant chapter. Their form, route and method of transmission must follow the Central Government's applicable notification.

Role of the Central Government

The Central Government acts as the designated channel for transmission. A document received from a contracting State is sent to the concerned Indian court; a document meant for a contracting State is transmitted in the notified manner. Applicable treaties, notifications and other procedural requirements should be checked for each request.

Section 123 BNSS - Corresponding provision

Section 123 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is titled Procedure in respect of letter of request. It carries forward the framework for transmitting letters of request, summons and warrants under the chapter dealing with reciprocal arrangements for assistance in certain matters and procedures for attachment and forfeiture of property.

For proceedings commenced under the BNSS, consult Section 123 together with the definitions and related provisions in Sections 111 onwards. For matters pending before 1 July 2024, Section 531 BNSS must be considered before deciding which procedural code applies.

  • Section 105A CrPC / Section 111 BNSS: Definitions, including contracting State.
  • Section 105G CrPC / Section 119 BNSS: Notice of forfeiture of property.
  • Section 105H CrPC / Section 120 BNSS: Forfeiture of property in certain cases.
  • Section 105J CrPC / Section 122 BNSS: Certain transfers to be null and void.
  • Section 105L CrPC / Section 124 BNSS: Application of the chapter.

Practical points

Before preparing or acting upon a letter of request, identify the relevant contracting State, the nature of assistance sought, the competent court or authority, and the applicable Central Government notification or treaty. Requirements concerning translations, authentication, supporting evidence and service may differ depending on the country and the instrument governing cooperation.

Official legislation

Read the legislation and current amendments on the Government of India's India Code portal, including the Bharatiya Nagarik Suraksha Sanhita, 2023. Official notifications may also be checked through the e-Gazette of India.

This article is general legal information. The governing procedure depends on the date and status of the proceeding, applicable notifications, and any relevant international arrangement.