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CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1990
An Act further to amend the Code of Criminal Procedure, 1973.
BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 1990.
(2) It shall be deemed to have come into force on the 19th day of February, 1990.
Insertion of new sections 166A and 166B
2. In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code of Criminal Procedure), in Chapter XII, after section 166, the following sections shall be inserted, namely:—
Letter of request to competent authority for investigation in a country or place outside India
“166A. (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.
Letter of request from a country or place outside India to a Court or an authority for investigation in India
166B. (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 bad 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.”.
Repeal and saving
3. (1) The Code of Criminal Procedure (Amendment) Ordinance, 1990 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Code of Criminal Procedure, as amended by the said Ordinance, shall be deemed to have been done or taken under the Code of Criminal Procedure, as amended by this Act.
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