Code:
1[166A. Letter of request to competent authority for investigation in a country or place outside India— (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.]
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.
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.
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.
