Receipt of evidence relating to offences committed outside India
AI Assist
Summary
Central Government can direct an Indian court to accept copies of depositions or exhibits recorded abroad as evidence when an offence allegedly committed outside India is being inquired into or tried under the relevant provision. This applies where the court could have issued a commission to take that evidence. The consequence is that certified copies taken before a judicial officer or an Indian diplomatic/consular representative overseas may be received as evidence in the court here.
Example
Priya says a cheque fraud happened while she was working abroad and depositions were recorded before the Indian consular officer there. The Central Government directs that certified copies of those depositions be received by the court in India. The court accepts them as evidence because it could have issued a commission to take that evidence.
Bare Act
Enacted textWhen any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.
Previous year papers
Pick your exam. we'll email the most recent paper.