Procedure in respect of letter of request
Section 105K of the Code of Criminal Procedure, 1973 deals with procedure in respect of letter of request. Every letter of requests summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Every letter of requests summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, 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 be notification specify in this behalf.
105L
Section 105K, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 123 Procedure in respect of letter of request Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhusudhan Jayaramu vs State of Karnataka
Court's Decision & Legal Precedent
When an offence is alleged to have been committed outside India by an Indian citizen, the investigating agency must comply with the mandatory procedure prescribed under Sections 188, 105K, and 166A of the Code of Criminal Procedure, 1973, including obtaining sanction from the Central Government and recording statements of witnesses through letters of request to foreign courts. Failure to follow this procedure, combined with an incomplete investigation lacking statements from key witnesses and based solely on interested testimony without corroborating material, renders the charge sheet defective and the prosecution an abuse of process, warranting quashing of the charge sheet and entire proceedings under Section 482 CrPC.
On this section: Procedure for letter of request; the court noted that the investigating agency failed to follow this procedure for obtaining evidence from Australia
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 105K
What have the courts held on Section 105K of the Code of Criminal Procedure?
Madhusudhan Jayaramu vs State of Karnataka (20 Jan 2024) is the leading judgment on this section among those set out below: Procedure for letter of request; the court noted that the investigating agency failed to follow this procedure for obtaining evidence from Australia.
How do I find court cases under Section 105K of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 105K, section 105K CRPC, section 105K of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Madhusudhan Jayaramu vs State of Karnataka (20 Jan 2024).
What should I read with Section 105K of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 123 (Procedure in respect of letter of request), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 105K of the Code of Criminal Procedure come into force?
Section 105K of the Code of Criminal Procedure, cited as CRPC 105K, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.