Section 123 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 123 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for handling letters of request, summonses, or warrants received by the Central Government or to be transmitted to a contracting State under this Chapter.

📜 Text of 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."

⚖️ Legal Context

This provision establishes a standardized procedure for the transmission of legal documents between India and other contracting States. The Central Government is responsible for determining the form and manner of transmission, ensuring consistency and efficiency in international legal cooperation.

🔁 Equivalent Provision in the Code of Criminal Procedure (Cr.P.C.)

Section 123 of the BNSS corresponds to Section 105K of the Code of Criminal Procedure (Cr.P.C.), 1973. Both sections prescribe the procedure for handling letters of request, summonses, or warrants received by the Central Government or to be transmitted to a contracting State, emphasizing the role of the Central Government in facilitating international legal assistance.

 

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