Section 113 of BNSS : Section 113: Letter of request from a country or place outside India to a Court or an authority for investigation in India.

BNSS

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Explanation using Example

Example 1:

Scenario: A financial fraud case is under investigation in the United Kingdom. The UK authorities suspect that some crucial documents and a key witness are located in India.

Application:

  1. The UK court issues a letter of request to the Indian government, asking for the examination of the witness and the production of the documents.
  2. The Central Government of India receives the request and decides to act on it.
  3. The Central Government forwards the request to the Chief Judicial Magistrate in Mumbai.
  4. The Chief Judicial Magistrate summons the witness to appear in court and records their statement. Additionally, the requested documents are collected.
  5. The recorded statement and documents are then sent back to the Central Government.
  6. The Central Government transmits the evidence to the UK court as per the procedures they deem fit.

Example 2:

Scenario: A drug trafficking ring is being investigated in Australia, and the Australian authorities believe that one of the suspects is hiding in India.

Application:

  1. The Australian court sends a letter of request to the Indian government, asking for the investigation of the suspect in India.
  2. The Central Government of India receives the request and decides to act on it.
  3. The Central Government sends the letter to a senior police officer in Delhi.
  4. The police officer conducts an investigation into the suspect's activities in India, treating it as if the crime had been committed within India.
  5. The police officer collects evidence, including witness statements and any relevant documents.
  6. The collected evidence is forwarded to the Central Government.
  7. The Central Government transmits the evidence to the Australian court as per the procedures they deem fit.
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