INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATECentral

Section 166B of The Code of Criminal Procedure, 1973

1[166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India.--(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 Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan 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.]

Summary

The Indian government can receive requests from foreign countries to help with their criminal investigations.
The Central Government may forward these requests to a top Magistrate or the police.
A Magistrate can summon people to give statements or produce items for the foreign case.
The police can investigate the matter just as if the crime had happened within India.
All collected evidence is sent back to the foreign authority through the Central Government.

Practical examples

1The German government is investigating a cybercrime and believes a suspect's computer is in Bangalore. They send a request to India, and the Central Government directs the local police to seize the device.

2Authorities in Australia need a statement from a businessman in Kolkata. They send a request, and the Central Government asks a local Magistrate to summon the man and record his testimony.

FAQ

1. Does India help foreign countries with criminal investigations under Section 166B of the Code of Criminal Procedure, 1973?

Yes, under Section 166B of the Code of Criminal Procedure, 1973, the Central Government can assist foreign authorities by directing Magistrates or police to collect evidence in India.

2. Who receives the evidence collected for a foreign country under Section 166B of the Criminal Procedure Code?

According to Section 166B of the Criminal Procedure Code, the evidence is forwarded to the Central Government to be sent back to the foreign authority that requested it.

3. Can an Indian police officer investigate a crime for another country under Section 166B of the Code of Criminal Procedure, 1973?

Yes, under Section 166B of the Code of Criminal Procedure, 1973, the Central Government can send a foreign request to a police officer to investigate as if the crime happened in India.

Test yourself

Q1.Under Section 166B of the Code of Criminal Procedure, 1973, which authority receives a letter of request from a foreign country first?

Q2.If the Central Government forwards a foreign request to a Magistrate under Section 166B of the Criminal Procedure Code, what can that Magistrate do?

Q3.Under Section 166B of the Code of Criminal Procedure, 1973, how should a police officer investigate a case sent to them via a foreign request?

Q4.What happens to the things collected by the police under Section 166B of the Criminal Procedure Code?

166APreviousSection 166A Letter of request to competent authority for investigation in a country or place outside India.167NextSection 167 Procedure when investigation cannot be completed in twenty-four hours.

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