Section 166A CrPC and Section 112 BNSS: Investigation Abroad and Letters of Request
A letter of request enables an Indian criminal court to seek evidence located outside India through a competent foreign court or authority. The earlier rule in Section 166A of the Code of Criminal Procedure, 1973 (CrPC) is now substantially reflected in Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and purpose of a letter of request
A letter of request (often called a letter rogatory) is a formal request issued by a court to a competent authority in another country for assistance in obtaining evidence. It may seek the examination of persons, recorded statements, documents, or other things relevant to a criminal investigation. It does not itself authorise Indian police to exercise coercive powers on foreign soil.
Section 112 BNSS: Applicable law from 1 July 2024
Section 112 of the BNSS, 2023 is titled Letter of request to competent authority for investigation in a country or place outside India. Its three subsections provide:
Subsection 1. (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.
Subsection 2. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
Subsection 3. (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 Sanhita.
Explanation of Section 112 BNSS
Subsection (1): Court-issued request for foreign evidence
Where the investigating officer, or an officer superior in rank, applies on the basis that evidence may be available abroad, a criminal court may issue a request to a competent foreign court or authority. The requested assistance can include examination of witnesses, recording statements and production of documents or things connected with the case.
Subsection (2): Transmission through the prescribed channel
The letter must be transmitted in the manner specified by the Central Government. Investigators should follow the applicable government procedure and any relevant treaty or reciprocal assistance arrangements rather than sending informal requests directly.
Subsection (3): Status of evidence received
Statements, documents and things received under subsection (1) are deemed to be evidence collected during investigation under the BNSS. This does not eliminate the need to establish admissibility, authenticity or other evidentiary requirements at trial.
Section 166A CrPC: Earlier statutory provision
Section 166A was inserted into the Code of Criminal Procedure, 1973 by Act 10 of 1990, Section 2, with effect from 19 December 1990. It addressed requests for investigation-related evidence outside India.
Subsection 1. (1) Notwithstanding anything contained in this Code, 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.
Subsection 2. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
Subsection 3. (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.
The central mechanism is retained in Section 112 BNSS. One textual distinction is that Section 166A(1) CrPC begins with the overriding words "Notwithstanding anything contained in this Code", which are absent from Section 112(1) BNSS.
Practical procedure for investigators
- Identify the offence, the foreign location of the evidence and its relevance to the investigation.
- Prepare an application through the investigating officer or an officer superior in rank, specifying the evidence and assistance sought.
- Seek issuance of a letter of request by the competent criminal court.
- Transmit the request through the channel specified by the Central Government and comply with applicable requirements for translation, authentication and supporting records.
- On receipt, preserve the chain of custody and place the material on the investigation record, subject to applicable rules of evidence.
Related provisions and important distinctions
Section 113 BNSS (corresponding to Section 166B CrPC) concerns the reverse situation: a foreign authority requests assistance in India. It is distinct from an outbound request under Section 112 BNSS.
Section 531 BNSS deals with repeal and savings. It should be considered before deciding whether the CrPC or BNSS governs a particular pending matter.
Frequently asked questions
Can the police issue a letter of request themselves?
Under Section 112 BNSS, the investigating officer or superior officer applies, but a criminal court issues the letter of request.
Can a letter of request seek digital records abroad?
The provision covers documents or things relevant to the investigation. Requests involving electronic records should clearly identify the records sought and account for applicable foreign law and Indian evidentiary requirements.
Is foreign evidence automatically admissible in court?
No. Section 112(3) addresses its treatment as evidence collected during investigation; admissibility and proof remain subject to applicable evidentiary law and judicial scrutiny.
Official legal resources
Consult the India Code legislative database, the Ministry of Home Affairs and the BNSS text hosted by the Bureau of Police Research and Development for official statutory materials and current notifications.
This article provides general legal information. Verify statutory amendments, notifications and procedural requirements for the facts and date of the relevant investigation.