Code

CPC In lieu of issuing a commission the Court may issue a letter of request to
examine a witness residing at any place not within1[India]

Here’s the ApniLaw-style article section for the CPC provision you shared about letters of request for examination outside India:

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CPC – Letter of Request to Examine Witnesses Abroad

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Code Text (Formatted)

In lieu of issuing a commission, the Court may issue a letter of request to examine a witness residing at any place not within India.

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Explanation

This provision allows Indian Courts to obtain evidence from witnesses who are outside India.

• Purpose:
  Ensures that witnesses who live abroad can provide testimony without physically coming to India, while preserving the legal validity of the evidence.
• Difference from a Commission:
  • A commission is issued to a Court within India.
  • A letter of request is directed to foreign authorities or courts to examine witnesses abroad.
• Legal Basis:
  Such requests are typically executed in accordance with:
  • Reciprocal arrangements with the foreign state, or
  • International treaties, where applicable.
• Procedure:
  1. The Indian Court drafts the letter of request, specifying the witness, purpose, and questions.
  2. The letter is sent to the foreign Court or authority empowered to record evidence.
  3. Evidence recorded abroad is sent back to the Indian Court to be used in the case.

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Illustration

1. Business dispute: A witness to a commercial transaction resides in London.
   • The Indian Court issues a letter of request to a competent Court in the UK.
   • The UK Court records the witness statement according to local procedures.
   • The recorded statement is returned to the Indian Court and forms part of the evidence.
2. International family law case: A witness to a property settlement lives in Dubai.
   • Indian Court sends a letter of request.
   • Evidence is recorded in Dubai and sent back for use in the Indian proceeding.

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Common Questions & Answers

Q1. Why use a letter of request instead of a commission?
👉 Because a commission can only be issued within India. Witnesses abroad require international cooperation, hence a letter of request.

Q2. Can the foreign authority refuse to execute the request?
👉 Yes. Execution depends on local laws and international treaties between India and that country.

Q3. Is the evidence recorded abroad admissible in India?
👉 Yes, if the procedure complies with Indian law and the foreign authority’s legal standards.

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⚖️ Conclusion:
This provision ensures that Indian Courts can effectively gather evidence from witnesses outside India, maintaining judicial efficiency in cases involving international parties or events.