# in pursuance of sub-section (2) of Section 166-A of the Code of Criminal Procedure

- **Citation:** C.L. No. 102/Vll-b-1/Admn.(G)
- **Court:** Allahabad High Court
- **Decided:** 1990-11-16
- **Case number:** C.L. No. 102/Vll-b-1/Admn.(G)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-pursuance-of-sub-section-2-of-section-166-a-of-the-code-of-criminal-procedure-163653
- **Pages:** 2

## Text

392
C.L. No. 102/Vll-b-1/Admn.(G) dated November 16, 1990
I am directed to say that the Ministry of Home Affairs, Government of India has
forwarded a copy of Notification No. 2/8/90- Judl. Cell dated 4.6.1990 (Copy enclosed)
in pursuance of sub-section (2) of Section 166-A of the Code of Criminal Procedure,
1973 (2 of 1974), on the above subject, specifying the procedure to be followed in the
above matter for being followed. A copy of the extra ordinary Gazette of India Part II
dated 20.4.1990 is also enclosed herewith by which amendment has been made in the
Code of Criminal Procedure.
I am, therefore, to request you kindly to apprise all courts under your supervision
the contents of this Circular Letter for information and necessary action.
THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1990
(No.10 of 1990)
(20th April. 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 lndia as follows:-

(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

Letter of request from
a country or place

2
of
1974
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.

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:-
"l66-A. (l) 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 of 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.
Short
title
It
and
commencement.

Insertion
of
new
Sections
166-A
and
166-B.
Letter
of
request
to
competent
authority
for
investigation in
a
country
or
place
outside
India.
393
collected during the course of investigation under this
Chapter.
166-B.(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.
outside India to a
Court or an authority
for
investigation
in
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.
Ord. 1 of
1990
(ii)
Compliance of the direction or Hon'ble the Supreme Court issued in Writ
Petition No. 340-343 of 1993 Vineet Narain and others vs. Union of India
C.L. No. 15/Vlllb-287 dated March 16, 1996
While enclosing a copy of the order passed, in the aforesaid Writ Petition, I am
directed to communicate you and all the Judicial Officers posted in the Judgeships that
the direction containing in the order of Hon'ble the Supreme Court, be complied with.

I am therefore to direct you that the direction of Hon'ble the Supreme Court be
brought to the knowledge of the officers posted in the Judgeship for strict compliance.
WRIT PETITION (CRL.) Nos. 340-343 OF 1993
Vineet Narain v. Union of India, 1996 (2) SCC 199: 1996 A Cr R 216 (SC)
J.S. Verma,
S.P.Bharucha
S.C. Sen, J.J.

 Reported in (1996)2 SCC 199: 1996 A Cr R 216 (SC): 1996 A W C 465 (SC)