Chapter XII
Section 166A CrPC: Letter of request to competent authority for investigation in a country or place outside India
New Law Update (2024)
Section 179 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Notwithstanding anything contained in this Code, 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 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 Chapter.
Important Sub-Sections Explained
Sub-Section (1)
This crucial sub-section grants Criminal Courts the power to issue a ‘Letter of Request’ to foreign authorities for collecting evidence crucial to an ongoing investigation. It details the process, including who can initiate the request and the types of evidence that can be sought, such as oral statements or documents from persons in a foreign country.
Sub-Section (3)
This sub-section clarifies the legal standing of evidence received through a ‘Letter of Request’ issued under Sub-Section (1). It establishes that any statement, document, or item collected from abroad via this mechanism is deemed valid evidence gathered during the investigation under the CrPC.
Landmark Judgements
State of Gujarat v. Mohammed Yusuf Bhajia & Ors. (2012):
The Supreme Court elucidated the broad scope and procedural necessity of a Letter of Request under Section 166A, emphasizing its critical role in facilitating international cooperation for evidence collection in complex criminal investigations. It clarified that such requests are crucial for ensuring a fair and comprehensive probe when evidence is located abroad.
Union of India v. Hassan Ali Khan & Anr. (2011):
This case, while dealing with related aspects, highlights the principle that evidence obtained through mutual legal assistance, including Letters of Request, is admissible and forms a valid part of the investigation process, subject to compliance with the procedures outlined in the CrPC and relevant treaties.