Section 105K CrPC: Procedure for Letters of Request in Criminal Proceedings
This section deals with the procedure for issuing and executing Letters of Request (LOR) in criminal proceedings involving foreign countries.
1. The Code
Section 105K of the Code of Criminal Procedure, 1973 deals with the procedure for issuing and executing Letters of Request (LOR) in criminal proceedings.
2. Explanation
- A Letter of Request (LOR) is a formal request from one country’s judicial authority to another country’s judicial authority to assist in gathering evidence or taking other legal actions in a criminal case.
- The procedure involves the following steps:
- Issuing the LOR: The court in India can issue an LOR to a foreign court for obtaining evidence, testimony, or other legal assistance needed in a criminal case.
- Form and Content of the LOR: The LOR must be in writing and must specify the nature of the criminal case, the specific evidence or assistance required, and the legal basis for the request.
- Execution of the LOR: The foreign court receives the LOR and executes it according to its own laws and procedures.
- Transmission of Evidence: The evidence obtained through the LOR is transmitted back to the Indian court for use in the criminal case.
3. Illustration
Suppose a criminal case is being investigated in India, and the suspect fled to the United States. The Indian court may issue an LOR to a US court requesting access to the suspect’s bank records, which might be crucial evidence in the case.
4. Common Questions and Answers
- Q: What is the legal basis for issuing an LOR?A: The legal basis for issuing an LOR is the relevant international treaties or agreements between India and the foreign country.
- Q: Who can issue an LOR?A: A court in India, as authorized by the Code of Criminal Procedure, can issue an LOR.
- Q: What are the limitations on the execution of an LOR by a foreign court?A: The foreign court will execute the LOR according to its own laws and procedures, and may refuse to execute the LOR if it violates its laws or principles.
- Q: How long does it take to execute an LOR?A: The time taken to execute an LOR depends on the specific requirements of the request and the legal procedures of the foreign country.
