Section 123 BNSS: Procedure in Respect of Letter of Request
Section 123 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the prescribed channel for transmitting letters of request, summons and warrants between India and a contracting State under the Chapter dealing with reciprocal arrangements for assistance in criminal matters.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Meaning and scope of Section 123 BNSS
Section 123 provides the procedural route for international transmission of specified judicial and investigative documents under this Chapter. It covers every letter of request, summons or warrant received by the Central Government from a contracting State and every such document that is to be transmitted by India to a contracting State.
The provision requires these documents to be transmitted to the contracting State or, where appropriate, sent to the concerned Court in India in the form and manner specified by the Central Government through notification.
In simple terms: Section 123 does not itself prescribe one fixed format for every international request. Instead, it authorises the Central Government to prescribe, by notification, the form and manner in which letters of request, summons and warrants are to move between India and contracting States.
Section 123 - Procedure in respect of letter of request
Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.
How the Section 123 procedure works
- Documents covered: letters of request, summons and warrants under the Chapter.
- Incoming requests: the provision covers documents received by the Central Government from a contracting State.
- Outgoing requests: it also covers documents to be transmitted from India to a contracting State.
- Central Government channel: the statutory scheme places the Central Government at the centre of the transmission process.
- Prescribed form and manner: transmission must follow the form and manner specified by Central Government notification.
- Indian Court destination: where the request is incoming, the document may be sent to the concerned Court in India in accordance with the prescribed procedure.
Why the provision matters
Cross-border criminal assistance requires an authorised channel so that requests, summons and warrants are handled in accordance with the applicable reciprocal arrangement and domestic procedure. Section 123 supplies that transmission mechanism for the documents covered by the Chapter.
Important definitions under Section 111 BNSS
Contracting State
Section 111 defines a "contracting State" as a country or place outside India in respect of which arrangements have been made by the Central Government with the Government of that country through a treaty or otherwise.
Letter of request
In the context of this Chapter, a letter of request is used as a formal mechanism for seeking assistance across borders in relation to investigation, examination of persons, production of documents or things, and other matters provided by the relevant BNSS provisions.
Notification
Section 123 leaves the operative form and manner of transmission to specifications made by the Central Government through notification. Users dealing with an actual request should therefore verify the applicable current notification and treaty or reciprocal arrangement.
Official legal resources
For the authoritative BNSS text and current Government notifications relating to the new criminal laws, use the official Government of India resources listed in the right-hand panel.