Section 166B CrPC: Letter of Request for Investigation in India from Foreign Countries
This section deals with the process of receiving and executing “Letters of Request” (LORs) from foreign countries for conducting investigations within India. It lays down the procedures for receiving, transmitting, and executing these requests.
1. The Code:
Section 166B of the Code of Criminal Procedure (CrPC), 1973
2. Explanation:
The section states that when a request for investigation is received from a foreign country, the Central Government can direct any officer of the police or any other agency to conduct the investigation and provide the findings to the requesting country. This mechanism facilitates international cooperation in criminal investigations, allowing foreign countries to seek assistance in probing offenses that have a connection to India.
3. Illustration:
Imagine a case where a fraud involving money laundering is suspected to have originated in India. A foreign country investigating the fraud might send a Letter of Request to the Indian authorities. The Indian authorities, under Section 166B CrPC, can then authorize a police agency to investigate the suspected fraud within India and provide the findings to the requesting country.
4. Common Questions and Answers:
- Q: Who can request an investigation under Section 166B CrPC?
- A: Only foreign countries, acting through their authorized agencies, can request investigations under this section.
- Q: What types of investigations can be requested?
- A: Investigations pertaining to offenses that have a nexus to India can be requested. This includes offenses committed in India, offenses committed by Indian nationals abroad, or offenses where the proceeds of crime are laundered in India.
- Q: What happens to the findings of the investigation?
- A: The findings of the investigation are transmitted to the requesting country. The Indian authorities can also request reciprocal assistance from the foreign country if required.
- Q: Can the Indian authorities refuse to execute a Letter of Request?
- A: Yes, the Indian authorities can refuse to execute a Letter of Request if it is considered contrary to the public policy or sovereignty of India. They can also refuse if the request is not made in accordance with the prescribed procedures.
