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:
- 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.
- The Central Government of India receives the request and decides to act on it.
- The Central Government forwards the request to the Chief Judicial Magistrate in Mumbai.
- The Chief Judicial Magistrate summons the witness to appear in court and records their statement. Additionally, the requested documents are collected.
- The recorded statement and documents are then sent back to the Central Government.
- 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:
- The Australian court sends a letter of request to the Indian government, asking for the investigation of the suspect in India.
- The Central Government of India receives the request and decides to act on it.
- The Central Government sends the letter to a senior police officer in Delhi.
- The police officer conducts an investigation into the suspect's activities in India, treating it as if the crime had been committed within India.
- The police officer collects evidence, including witness statements and any relevant documents.
- The collected evidence is forwarded to the Central Government.
- The Central Government transmits the evidence to the Australian court as per the procedures they deem fit.
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