Section 166A CrPC: Letter of Request for Investigation Outside India – Code of Criminal Procedure

1. Code:

Section 166A of the Code of Criminal Procedure, 1973 (CrPC) deals with the process of seeking assistance from foreign countries for investigation in cases where the crime has a connection to India but has occurred outside its territory.

2. Explanation:

This section empowers the Indian court to issue a Letter of Request (LOR) to a foreign country requesting assistance in conducting an investigation related to a crime that occurred in that country. The LOR can be issued by a Magistrate or a Court of Session, depending on the nature of the crime and the stage of the proceedings.

The LOR should contain details of the crime, the suspect(s), the evidence sought, and the purpose of the investigation. It should be accompanied by relevant documents, such as the FIR, charge sheet, or other legal documents.

The foreign country is not obligated to comply with the request, but they generally cooperate based on mutual legal assistance treaties or reciprocal agreements between the countries.

3. Illustration:

Imagine a case where an Indian national is suspected of committing fraud in a foreign country, leading to financial losses in India. The Indian authorities can issue an LOR to the foreign country, requesting assistance in gathering evidence, interrogating witnesses, or seizing documents related to the crime.

4. Common Questions and Answers:

• Q: What are the grounds for issuing an LOR?
• A: The LOR can be issued when an offense has been committed outside India but has a connection to India, or when evidence relevant to the investigation is located outside India.
• Q: What information should be included in the LOR?
• A: The LOR should contain details of the crime, the suspect(s), the evidence sought, the purpose of the investigation, and the legal basis for the request.
• Q: Can the foreign country refuse the request?
• A: Yes, the foreign country can refuse the request, but they are generally obligated to cooperate based on mutual legal assistance treaties or reciprocal agreements.
• Q: What happens to the evidence obtained through the LOR?
• A: The evidence obtained through the LOR can be used in the Indian court proceedings, subject to the rules of admissibility of evidence.