Section 166B CrPC and Section 113 BNSS: Foreign Requests for Criminal Investigation in India

A foreign court or competent authority may request assistance in India to examine witnesses, obtain documents or collect other evidence in a criminal investigation. Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now governs this process, corresponding to former Section 166B of the Code of Criminal Procedure, 1973 (CrPC).

What is a letter of request?

A letter of request, sometimes called a letter rogatory, is a formal request by a court or competent authority in one country seeking assistance from another country in collecting evidence or performing specified investigative acts. Under Section 113 BNSS, an incoming request may concern the examination of a person or production of a document or thing in connection with an offence being investigated abroad.

The Central Government is the statutory channel for considering and transmitting such requests. Receipt of a request does not automatically compel execution: the section states that the Central Government may, if it thinks fit, forward it for appropriate action.

Section 113 BNSS, 2023: Explanation of the legal provisions

Sub-section (1): Receipt and execution of a foreign request

Where a competent foreign court or authority sends a request for examining a person or producing a document or thing relating to an offence under investigation abroad, the Central Government may adopt either of two statutory routes:

1. Magistrate route - clause (i): Forward the request to the Chief Judicial Magistrate or a Judicial Magistrate appointed for the purpose. The Magistrate may summon the person, record the statement, or require production of the document or thing.
2. Police investigation route - clause (ii): Send the request to a police officer, who investigates the offence in the same manner as if it had been committed within India, subject to applicable Indian law.

Sub-section (2): Transmission of evidence abroad

Evidence collected under sub-section (1), authenticated copies of evidence, or any thing collected is forwarded by the Magistrate or police officer to the Central Government. The Central Government then transmits the material to the requesting foreign court or authority in the manner it considers appropriate.

Former Section 166B CrPC, 1973

Section 166B of the former Code covered the same subject: letters of request from a foreign court or authority for investigation in India. Its operative provisions allowed the Central Government to forward the request to a Magistrate for witness examination or document production, or to a police officer for investigation. Evidence or authenticated copies were returned through the Central Government.

Important drafting distinction: The former CrPC provision expressly referred to Metropolitan Magistrates. Section 113 BNSS refers to the Chief Judicial Magistrate or Judicial Magistrate. For a current application, cite Section 113 BNSS rather than treating the old terminology as unchanged.

How incoming criminal investigation requests are handled

1. Foreign request: A competent foreign court or authority issues a request identifying the investigation and the evidence sought.
2. Central Government consideration: The request is received and considered through the appropriate government channel, including applicable international arrangements.
3. Execution in India: If accepted, the request is sent to the appropriate Magistrate or police officer under Section 113(1).
4. Evidence collection: The designated authority examines the relevant person or obtains the specified documents or things in accordance with applicable law.
5. Return transmission: Evidence, authenticated copies or collected things are forwarded to the Central Government for transmission to the foreign requesting authority under Section 113(2).

In practice, the request may also be affected by applicable mutual legal assistance treaties, Central Government requirements, confidentiality, and legal safeguards. Section 113 itself does not confer an unrestricted power on foreign investigators to conduct investigations directly in India.

Related provisions

Section 112 BNSS corresponds to Section 166A CrPC and concerns outgoing requests by Indian criminal courts for evidence located abroad. Section 113 BNSS addresses the reverse situation: incoming requests seeking evidence in India. Section 531 BNSS contains repeal and savings provisions relevant to the transition from CrPC.

Frequently asked questions

What is the current equivalent of Section 166B CrPC?

Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a foreign authority directly compel an Indian witness to appear?

Section 113 provides for action through the Central Government and the designated Indian Magistrate or police officer; the foreign request does not by itself create a direct summons enforceable in India.

Who sends collected evidence back to the foreign country?

The Magistrate or police officer sends it to the Central Government, which transmits it to the requesting court or authority.

Official legal sources

• India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official Act PDF)
• National Crime Records Bureau - New Criminal Laws reference and section correspondence
• Ministry of Home Affairs - Government of India

Legal information updated 17 October 2026. Application to a particular case depends on the applicable law, relevant savings provisions and official procedural requirements.