Letter of request from a country or place outside India to a Court or an authority for investigation in India
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Summary
When a court or authority abroad sends a formal request to examine a person or produce a document for an offence under investigation there, the Central Government can act on it. It may either forward the request to a magistrate who will summon the person or cause the document to be produced, or send it to police to investigate as if the offence occurred in India. Any evidence or authenticated copies collected must be sent back to the Central Government for transmission to the requesting court or authority.
Example
Priya lives in Mumbai. A Court abroad asks India to examine her and obtain her bank statements as part of an investigation. The Central Government forwards the request to a magistrate who summons Priya, records her statement and collects the documents. The magistrate then sends the evidence to the Central Government so it can be transmitted to the requesting Court.
Bare Act
Enacted text(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit-
(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.
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