Section 166A CrPC: Letter of Request for Investigation Outside India
Section 166A of the Code of Criminal Procedure, 1973 provided a statutory procedure for obtaining evidence located outside India during a criminal investigation. This page explains the provision as it applied before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Meaning and purpose of Section 166A CrPC
The provision enabled an investigating officer, or an officer superior in rank, to approach a Criminal Court where evidence relevant to an offence under investigation was believed to be available in a country or place outside India. The Court could then issue a formal letter of request to a competent foreign Court or authority.
In practical terms, a letter of request is a judicial request for assistance in collecting evidence abroad. The foreign Court or authority may be requested to examine a person, record a statement, obtain a document or thing, and forward the evidence or authenticated copies to the Indian Court.
Section 166A of the Code of Criminal Procedure, 1973
Sub-section (1): Notwithstanding anything contained in the Code, where during investigation an investigating officer or a superior officer applies on the ground that evidence may be available outside India, a Criminal Court may issue a letter of request to the competent Court or authority in that country or place. The request may seek oral examination of a person acquainted with the facts, recording of that person's statement, production of a document or thing relating to the case, and forwarding of the evidence, authenticated copies, or the thing collected to the issuing Court.
Sub-section (2): The letter of request is to be transmitted in the manner specified by the Central Government.
Sub-section (3): A statement, document or thing received pursuant to the request is treated as evidence collected during investigation under Chapter XII of the CrPC.
Essential requirements
The statutory mechanism contemplated an ongoing investigation into an offence, an application by the investigating officer or an officer superior in rank, a basis for stating that evidence may be available outside India, and issuance of the request by a Criminal Court to a competent foreign Court or authority. Transmission of the request was subject to the manner specified by the Central Government.
Nature of evidence that could be sought
Section 166A covered oral examination and recording of statements as well as production of documents or things connected with the case. Evidence collected abroad under the request, or authenticated copies where applicable, could be forwarded to the Court that issued the letter.
Legal effect of evidence received
Sub-section (3) expressly deemed the statement, document or thing received under sub-section (1) to be evidence collected during the course of investigation under Chapter XII. The provision therefore connected evidence obtained through international assistance with the domestic investigation process.
Related CrPC provisions
Section 166A dealt with an outgoing request from India for investigation-related evidence abroad. Section 166B CrPC addressed the converse situation of a request received from a country or place outside India for investigation in India. For domestic search-related powers, see Sections 165 and 166 CrPC.
Legislative note
Sections 166A and 166B were inserted into Chapter XII by the Code of Criminal Procedure (Amendment) Act, 1990. The provision formed part of the CrPC mechanism for mutual assistance in criminal investigation involving evidence beyond India's territory.
CrPC and the later BNSS framework
The CrPC, 1973 has since been replaced for the new criminal-procedure framework by the Bharatiya Nagarik Suraksha Sanhita, 2023. This page intentionally explains Section 166A under the law applicable before implementation of the BNSS. For the current code structure, see the site's BNSS guide.