Letter of request competent authority for investigation in a countryor place outside India
Section 166A of the Code of Criminal Procedure, 1973 deals with letter of request competent authority for investigation in a countryor place outside India. Letter of request competent authority for investigation in a country or place outside India. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Letter of request competent authority for investigation in a country or place outside India.
(1) Notwithstanding anything contained in this Code, 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 Chapter.
166B
Section 166A, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 112 Letter of request to competent authority for investigation in a country or place outside India Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of M. P vs Balram Mihani
Court's Decision & Legal Precedent
Chapter VII-A of the Code of Criminal Procedure, 1973, provisions for attachment and forfeiture of property (Sections 105-A to 105-L) apply exclusively to offences that have international ramifications and involve reciprocal arrangements with contracting states as defined in Section 105-A(a), and do not apply to local offences committed within India such as gambling and ordinary offences under the Indian Penal Code. The proper interpretation requires reading the general language of Section 105-C(1) in the contextual background of the chapter's purpose as demonstrated by the Statement of Objects and Reasons, the legislative history, and the specific references throughout the chapter to contracting states and international criminal cooperation mechanisms.
On this section: Considered as supplemental provisions related to international cooperation, supporting interpretation that Chapter VII-A is specialized regime
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Madhusudhan Jayaramu vs State of Karnataka
Court's Decision & Legal Precedent
When an offence is alleged to have been committed outside India by an Indian citizen, the investigating agency must comply with the mandatory procedure prescribed under Sections 188, 105K, and 166A of the Code of Criminal Procedure, 1973, including obtaining sanction from the Central Government and recording statements of witnesses through letters of request to foreign courts. Failure to follow this procedure, combined with an incomplete investigation lacking statements from key witnesses and based solely on interested testimony without corroborating material, renders the charge sheet defective and the prosecution an abuse of process, warranting quashing of the charge sheet and entire proceedings under Section 482 CrPC.
On this section: Letter of request to competent authority for investigation in foreign country; the court held that this procedure should have been followed to record statements of witnesses in Australia
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… a direction to the Government of Kerala, represented by Secretary to the Home Department, and the Director General of Police, Thiruvananthapuram, respondents 1 & 2 therein, to conduct an independent investigation and punish the officers who exorbitantly favoured the culprits and denied justice to the poor, under IPC Section 166A, Code of Criminal Procedure, 1973, and under the Kerala Police Act, 2011. He has also sought for <sup>a</sup> direction to the Director General of Police, Thiruvananthapuram, to register a case and submit periodical reports regarding the progress of the case to this Court, without …
Questions about Section 166A
What have the courts held on Section 166A of the Code of Criminal Procedure?
State of M. P vs Balram Mihani (01 Feb 2010) is the leading judgment on this section among those set out below: Considered as supplemental provisions related to international cooperation, supporting interpretation that Chapter VII-A is specialized regime. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2010 to 2024.
How do I find court cases under Section 166A of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 166A, section 166A CRPC, section 166A of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of M. P vs Balram Mihani (01 Feb 2010).
What should I read with Section 166A of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 112 (Letter of request to competent authority for investigation in a country or place outside India), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 166A of the Code of Criminal Procedure come into force?
Section 166A of the Code of Criminal Procedure, cited as CRPC 166A, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.