Letter of request to competent authority for investigation in a country or place outside India
AI Assist
Summary
If investigators think relevant evidence is located outside India, a Criminal Court can send a letter of request to a foreign court or competent authority to examine witnesses, record their statements, and require documents or other items. The Central Government decides the mode of transmission. Anything obtained this way is treated as evidence collected during the investigation under this Sanhita.
Example
Priya files an FIR saying invoices needed for a theft case are held by a supplier abroad. The investigating officer asks the Criminal Court to send a letter of request to that country to examine the supplier and obtain the invoices. The supplier’s recorded statement and the invoices are sent back to the Court and treated as evidence collected during the investigation.
Bare Act
Enacted text(1) 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 Sanhita.
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