Chapter XII
Section 166B CrPC: Letter of request from a country or place outside India to a Court or an authority for investigation in India
New Law Update (2024)
Section 185 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit,—
(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India.
(2) All the evidence taken or collected under Sub-Section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.
Important Sub-Sections Explained
Section 166B(1)
This sub-section outlines the Central Government’s authority and process for responding to a formal request from a foreign country for assistance in an investigation. It specifies that the government can either direct a Magistrate to gather evidence or assign a police officer to investigate the matter within India as if the crime had occurred domestically.
Section 166B(2)
This sub-section details the subsequent steps after evidence or information has been collected in India in response to a foreign request. It mandates that all such collected material, including authenticated copies, must be submitted by the executing Indian authority to the Central Government for its eventual transmission to the foreign court or authority that initiated the request.