Code
(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.
(2) The letter of request shall be transmitted in such manner as the Central Government
may specify in this behalf.
(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
Section 112 of the BNSS deals with obtaining evidence from outside India during an investigation. It empowers a Criminal Court to issue a “letter of request” to a competent authority in a foreign country or place to gather evidence relevant to a case being investigated in India.
Illustration
Imagine a case where a suspect flees to a foreign country after committing a crime in India. The investigating officer, unable to directly obtain evidence from the suspect, can apply to a Criminal Court in India to issue a letter of request to the relevant authority in the foreign country. This letter would request them to examine the suspect, record their statement, and potentially collect any related documents or objects.
Common Questions and Answers:
- Q: Who can apply for a letter of request under Section 112?
A: An investigating officer or an officer superior to the investigating officer can apply to the Court.
- Q: What kind of evidence can be sought through a letter of request?
A: It can include oral statements from individuals acquainted with the case, documents, and physical objects.
- Q: How is the letter of request transmitted?
A: The Central Government prescribes the manner of transmission.
- Q: How is the evidence obtained through a letter of request treated?
A: It is considered evidence collected during the investigation under the BNSS.
