# officers, including the District and Sessions Judge

- **Citation:** C.L. No. 38/Admn.(G)
- **Court:** Allahabad High Court
- **Decided:** 1994-04-12
- **Case number:** C.L. No. 38/Admn.(G)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/officers-including-the-district-and-sessions-judge-163652
- **Pages:** 11

## Text

382
(e)
Immediate facilities shall be provided to the Judicial Officer for
communication with his family members, legal advisers and judicial
officers, including the District and Sessions Judge.
(f)
No statement of a judicial officer who is under arrest be recorded nor any
panchnama be drawn up nor any medical tests be conducted except in the
presence of the Legal Adviser of the Judicial Officers concerned or
another judicial officers of equal or higher rank, if available.
(g)
There should be no handcuffing of a judicial officer. If, however, violent
resistance to arrest is offered or there is imminent need to effect physical
arrest in order to avert danger to life and limb, the persons resisting arrest
may be over powered and handcuffed. In such a case, immediate report
shall be made to the District and Sessions Judge concerned and also to the
Chief Justice of the High Court. But the burden would be on the police to
establish the necessity for effecting physical arrest and handcuffing the
judicial officer and if it is established that the physical arrest and
handcuffing of the judicial officers was unjustified, the police officers
causing or responsible for such arrest and handcuffing would be guilty of
misconduct and would also be personally liable for compensation and/or
damages as may be summarily determined by the High Court.
2.
The above guidelines are not exhaustive but those are minimum safeguards,
which must be observed in case of arrest of a judicial officer. These guidelines should be
implemented by the State Government.
3.
The State Government/Union Territories Administration are requested to bring
these guidelines to the notice of the concerned officers for compliance. A copy of the
instructions issued by the States/ Union Territories may also be forwarded to this
Ministry.
60.
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
C.L. No. 38/Admn.(G) VIIf-256 dated April 12, 1994
(i)
Imposing of lower penalties than those prescribed under the Child Labour
(P&R) Act, 1986.
It has come to the notice of the Court that Sections 14 and 15 of the Child Labour
(P&R) Act, 1986 are not being complied with properly.
The Court has, therefore, been pleased to direct you to impress upon all the
Presiding Officers working under you to make proper compliance of Sections 14 and 15
of the Child Labour (P&R) Act, 1986 while awarding punishment in cases concerning
Child Labour Prohibition and Regulation Act, 1986.
61. COMMUNICATION OF ORDERS OF SUPREME COURT
C.L. No. 68/VIIb-47/Admn.(G) dated July 6, 1990
(i) Communication of orders of Supreme Court of India in Criminal matters
I am directed to enclose herewith a copy of D.O. letter No. l/89-C/Registrar (J),
dated June 18, 1990, on the above subject, and to say that in order to prevent fake and
383
forged orders purporting to be from Supreme Court of India, the authorities of Supreme
Court with detailed discussion with various authorities of Ministry of Home Affairs of
the Government of India, had decided to evolve a fool-proof procedure to be adopted
with effect from 1.8.1990 for transmission of orders of the Supreme Court in respect of
(i) Staying execution of capital sentences, and ascertaining factual position regarding
condemned prisoners; (ii) release of convicts; and (iii) enlargement on bail of prisoners.
The detailed procedure to be adopted in the matter has been stated in the letter
aforesaid.
I am, therefore, to request you kindly to acknowledge the receipt of this Circular
Letter and intimate the same to this Court immediately for onward necessary action.
Supreme Court of India, New-Delhi 11000 D.O. No.l/89-SC/Registrar (J) dated June
18, 1990
You may be aware that a significant number of instances have occurred during the
last few years where unscrupulous persons have got convicts lodged in various jails in the
country released outright or on bail by producing fake or forged orders purporting to be
from this Court before the executing Court/competent authorities and obtaining
consequential orders and producing them to the detaining authorities. In order to prevent
such occurrences in future, we had detailed discussion with various authorities and have
with the active assistance of the Ministry of Home Affairs of the Government of India
arrived at a full-proof procedure to be adopted with effect from 1.8.1990 for transmission
of orders of the, Court in respect of: (i) staying execution of capital sentences, and
ascertaining factual position regarding condemned prisoners; (ii) release of convicts; and
(iii) enlargement on bail of prisoners.
2.
The procedure to be adopted for transmission of such orders is as follows:-
―When this Court passes any order on the three matters indicated in the previous
paragraph, the said order will be conveyed through wireless network to the
concerned judicial authorities or the jail concerned or to both with copies to the
authorities through whom the cause has arisen. Thereafter the formal order of the
court will as usual be sent through the normal communication channels.‖
3.
With the introduction of the above procedure the Executing Court will act only on
receipt of the wireless message conveyed through the Police net work. If any order is
presented before the court without being preceded by the Wireless Message for
execution, the authority should get in touch with Mr. Manohar Lal, Joint Registrar
(Telephone Nos.: Off: 381379, Res. 2240477) or Mr. Ramesh Sharma, Joint Registrar
(Telephone Nos. Off: 381379 Res: 622922) or Mr. P.N. Likhyani, Additional Registrar
(Telephone Nos: Off: 385046 Res: 5506999) and obtain confirmation of the authenticity
of the order before processing if further. Any change in the names of the officers to be
contacted will be intimated well in advance.
4.
May, I, in the circumstances, request you to intimate the revised procedure
indicated in paras 2 and 3 above to all the Judicial Officers under your jurisdiction
immediately and confirm having communicated the procedure and the officers having
received the communication, to me at the earliest?
Please treat this as most urgent and acknowledge receipt.
384
62.
COMPLAINT CASES
(i)
 Follow up Proper procedure in complaint cases as laid down in Sections 204,
205, 87, 88 & 309(2) of Cr. P.C. Act No.2 of 1974.
C.L. No.C-72/1990, dated: July 26, 1990
I am directed to say that in Criminal Misc. Case No.612 of 1987- Vishwanath
Jiloka v. I Munsif Lower Criminal Court, Bahraich decided by Hon'ble S.R. Bhargava, J.,
on 3.4.1989 (reported in 1989 Criminal L.J. 2082), the following observations were made
by the Court:-
"When contingency for issuing a warrant as laid down in S. 87 has not arisen the
Magistrate should invariably think of issuing summons only. While issuing
summons the Magistrate should bear in mind S. 205 Cr .P .C., which empowers
the Magistrate to dispense with personal attendance of the accused and to permit
him to appear by his pleader. The Magistrate may at any stage of the proceedings,
even though he has earlier exempted personal attendance of the accused, order the
accused to be personally present. Where the accused in a complaint case are of
different districts or State, the Magistrate should invariably issue a summons to
the accused dispensing his personal attendance and permitting him to appear
through pleader. This will automatically minimise mischievous and vexatious
complaints filed simply for causing harassment and humiliation to the accused.
Even when the personal attendance of the accused in a criminal case has not been
exempted or when a warrant is issued to the accused in a complaint case under S.
2O4 (1) (b) and the accused after being served with summons or warrant or
having come to know of the same appears before the Magistrate, it is not at all
legal for the Magistrate to take him into custody and then grant judicial remand
necessitating a bail application and a bail order under S. 437 Cr.P.C. When a
person appears or is brought before a Magistrate or court in response of summons
or warrant, the proper procedure to be followed is laid down in S. 88 Cr. P .C. In
case of breach of bonds furnished under Section 88 Cr. P .C. action can be taken
for enforcing the bonds and further for arrest under Section 89 Cr.P.C. Therefore,
the practice followed in the Courts of Magistrate by even some members of the
Bar, namely, moving an application for surrender of the accused in a complaint
case and then after the accused is taken in the custody applying for bail, is
contrary to provisions of Cr.P.C. and is altogether un-warranted. It should be
immediately given up and the accused of the complaint cases should be assured
that they will be honourably dealt with in the courts of the Magistrate.
When an equally efficacious procedure is available for securing
attendance of the accused in a complaint case, namely, obtaining bond with or
without sureties under Section 88 Cr.P.C. power of judicial remand under Section
309(2) should not be used, otherwise there would be unnecessary infringement of
the fundamental right of liberty. Perusal of Sections 88, 89 and 309(2) Cr.P.C.
however, make it clear that in cases where accused of complaint case commits
default and absents himself from the court entailing his arrest on a warrant issued
under Section 89 Cr.P.C. and is unable to offer sufficient cause for his absences,
power of judicial remand under Section 309(2) can be used."
385
I am, therefore, to request that Munsif-Magistrates may kindly be directed to
follow-up the procedures strictly.
63.
CRIME AGAINST WOMEN
(i)
Regarding expeditious disposal of cases relating to the incidents of rape,
molestation, abduction, kidnapping and atrocities being committed on
women.
C.L.No. 16/VIIIh-13/Admn. ̳G'/dated: Allahabad: March, 23 1996
It has come to knowledge of the court that cases relating to rape, kidnapping and
atrocities to women are not being decided early. A decision has been taken that all such
cases be decided within six months of the filing of the charge sheet.
I am, therefore, directed to communicate that the directions as given above be
complied with strictly by all the Judicial Officers.
(ii)
Concerning directions laid down in the judgment dated 16th January, 1996 of
Hon'ble the Supreme Court of India in Criminal Appeal No. 616 of 1985
(The State of Punjab v. Gurmit Singh and others)
C.L.No. 17/Admn. ̳G'/dated March 25, 1996.
For trial by Lady Judges of the cases of sexual assault on the females, wherever
available, avoiding the disclosure of the name of the prosecutrix in their judgments.
In pursuance of the order of Hon'ble the Supreme Court, I am directed to intimate
that the cases of sexual assault on the females be tried by lady Judges, wherever
available. Trials of Sexual assault cases be held in camera under the provisions contained
in Section 327(2) and (3) Cr.P.C. and the mention of the name of the porsecutrix in
Judgment be avoided.
I, therefore, directed that the aforesaid guidelines be strictly complied with and
the Judgment of Hon'ble the Supreme Court, on the said subject copy enclosed, be
circulated for strict compliance of, the directions contained therein.
Criminal Appeal No. 616 of 1985
The State of Punjab v. Gurmit Singh
JUDGMENT
DR. ANAND J.
―....Of late, crime against women in general and rape in particular is on the
increase. It is an irony that while we are celebrating women's rights in all spheres, we
show little or no concern for her honour. It is a sad reflection on the attitude of
indifference of the society towards the violation of human dignity of the victims of sex
crimes. We must remember that a rapist not only violates the victim's privacy and
personal integrity but also inevitably causes serious psychological as well as physical
harm in the process. Rape is not merely a physical assault it is often destructive of the
whole personality of the victim. A murderer destroys the physical body of his victim; a

 For perusal of Judgment See 1996 Cr.L.J. 1728(SC). An extract of the Judgment containing guidelines is
being reproduced.
386
rapist degrades the very soul of the helpless female. The Courts, therefore shoulder a
great responsibility while trying an accused on charges of rape. They must deal with such
cases with utmost sensitivity. The Courts should examine the broader probabilities of a
case and not get swayed by minor contradictions or insignificant discrepancies in the
statement of the prosecutrix, which are not of a fatal nature to throw out an otherwise
reliable prosecution case. If evidence of the prosecutrix inspires confidence, it must be
relied upon without seeking corroboration of her statement in material particulars. If for
some reason the Courts find it difficult to place implicit reliance on her testimony, it may
look for evidence, which may lend assurance to her testimony, short of corroboration
required in the case of an accomplice. The testimony of the prosecutrix must be
appreciated in the background of the entire case and the trial court must be alive to its
responsibility and be sensitive while dealing with cases involving sexual molestations.
There has been lately, lot of criticism of the treatment of the victims of sexual
assault in the court during their cross-examination. The provisions of Evidence Act
regarding relevancy of facts notwithstanding, some defence counsel adopt the strategy of
continual questioning of the prosecutrix as to the details of the rape. The victim is
required to repeat again and again the details of the rape incident not so much as to bring
out the facts on record or to test her credibility but to test her story for inconsistencies
with a view to attempt to twist the interpretation of events given by her so as to make
them appear inconsistent with her allegations. The Court therefore should not sit as silent
spectator while the victim of crime is being cross-examined by the defence. It must
effectively control the recording of evidence in the court. While every latitude should be
given to the accused to test the latitude of the prosecutrix and the credibility of her
version through cross-examination, the court must also ensure that cross-examination is
not made a means of harassment or causing humiliation to the victim of crime. A victim
of rape, it must be remembered, has already undergone a traumatic experience and if she
is made to repeat again and again, in unfamiliar surroundings, what she had been
subjected to, she may be too ashamed and even nervous or confused to speak and her
silence or confused stray sentence may be wrongly interpreted as ―discrepancies and
contradictions‖ in her evidence.
The alarming frequency of crime against women led the Parliament to enact
Criminal Law (Amendment) Act, 1983 (Act 43 of 1983) to make the law of rape more
realistic. By the Amendment Act, Sections 375 and 376 were amended and certain more
penal provisions were incorporated for punishing such custodians who molest a woman
under their custody or care. Section 114-A was also added in the Evidence Act for
drawing a conclusive presumption as to the absence of consent in certain prosecution for
rape, involving such custodians. Section 327 of the Code of Criminal Procedure, which
deals with the right of an accused to an open trial, was also amended by addition of sub
sections-(2) and (3) after renumbering the old Section as sub-section (1). Sub-sections (2)
and (3) of section 327, Cr. P.C. provide as follows:
Section 327, Court to be open-
(2)
Notwithstanding anything contained in sub-section(1), the inquiry into and
trial of rape or an offence under Section 376, Section 376-A, Section 376B, Section 376-C or Section 376-D of the Indian Penal Code shall be
conducted in camera:
387
Provided that the presiding judge may, if he thinks fit, or on an
application made by either of the parties, allow any particular person to
have access to, or be or remain in, the room or building used by the Court.
(3)
Where any proceedings are held under sub-section (2), it shall not be
lawful for any person to print or publish any matter in relation to any such
proceedings, except with the previous permission of the Court.
These two provisions are in the nature of exception to the general rule of an open
trial. In spite of the amendment, however, it is seen that the trial Courts either are not
conscious of the amendment or do not realize its importance for hardly does one come
across a case where the enquiry and trial of a rape case has been conducted by the court
in camera. The expression that the inquiry into and trial of rape ―shall be conducted in
camera‖ as occurring in sub-section (2) of Section 327 Cr.P.C. is not only significant but
very important. It casts a duty on the court to conduct the trial of rape cases etc.
invariably ―in camera‖. The courts are obliged to act in furtherance of the intention
expressed by the Legislature and not to ignore its mandate and must invariably take
recourse to the provisions of Section 327(2) and (3) Cr.P.C. and hold the trial of rape
cases in camera. It would enable to victim of crime to be a little comfortable and answer
the questions with greater ease in not too familiar a surroundings. Trial in camera would
not only be in keeping with the self-respect of the victim of crime and in tune with the
legislative intent but is also likely to improve the quality of the evidence of prosecutrix
because she would not be so hesitant or bashful to depose frankly as she may be in an
open court, under the gaze of public. The improved quality of her evidence would assist
the court in arriving at the truth and sitting truth from falsehood. The High Courts would
therefore be well advised to draw the attention of the trial courts to the amended
provisions of Section 327 Cr.P.C. and to impress upon the Presiding Officers to
invariably hold the trial of rape cases in camera, rather than in the open Court as
envisaged by Section 327(2) Cr.P.C. When trials are held in camera, it would not be
lawful for any person to print or publish any matter in relation to the proceedings in the
case, except with the previous permission of the Court as envisaged by Sec. 327(3)
Cr.P.C. This would save any further embarrassment being caused to the victim of sex
crime. Wherever possible it may also be worth considering whether it would not be more
desirable that the cases of sexual assaults on the females are tried by lady Judges,
wherever available, so that the prosecutrix can make her statement with greater ease and
assist the Courts to properly discharge their duties, without allowing the truth to be
sacrificed at the alter of rigid technicalities while appreciating evidence in such cases.
The Courts should, as far as possible, avoid disclosing the name of the prosecutrix in
their orders to save further embarrassment to the victim of sex crime. The anonymity of
the victim of the crime must be maintained as far as possible throughout. In the present
case, the trial Court has repeatedly used the name of the victim in its order under appeal,
when it could have just referred to her as the prosecutrix. We need say no more on this
aspect and hope that the trial Courts would take recourse to the provisions of Sections
327(2) and (3) Cr.P.C.
Liberally, trial of rape cases in camera should be the rule and an open trial in such
cases an exception.
388
(iii)
Statement showing pendency and disposal of cases relating to rapes,
molestation, abduction, kidnapping and atrocities committed on woman.
C.L.No.53//VIIIh-13 Dated/December 11, 1997

This is in continuation of court's circular Letter No.16/VIIIh-13/dated 23.3.1996
by which you were required to dispose of cases relating to rape, and kidnapping atrocities
committed on woman within six months from the date of filing the charge sheet.

In 50th Anniversary of India's Independence, the Government of India have
included in its programme, the disposal of aforesaid cases expeditiously.

I am, therefore, to request you kindly to submit a statement showing year-wise
pendency & disposal of the cases mentioned above to the court by 20th December 1997.
(iv)
Case relating to violence against the women and to ensure speedy disposal.
C.L.No. 28/ VIID-108 dated: July, 5.2000
National Commission for women has made certain recommendation that the
atrocities against the women have become a permanent issue and the High Court and
Supreme Court denounced it. More attention in the court for dealing the cases of such
nature against the women is required. Emphasis was also given by the Commission that a
mechanism for having speedy disposal of cases be devised.
Hon'ble Court expressed with concern that in subordinate courts women litigants
have to uniquely disproportionately and with unacceptable frequency endure a climate of
condescension, indifference and hostility. Her cases are not given priority. At any rate, it
is abundantly clear and it is necessary that conducive atmosphere is maintained in the
courtroom and priorities are given in cases where in women is appearing either as witness
or victim of the crime.
I am, therefore, directed to request you to bring into the notice of Civil Judicial
Officers/Magistrate and other criminal courts to take up the cases relating to violence
against women on priority basis and also to ensure speedy disposal. Further effective
monitoring of such cases be also made so as achieve early resolution of disputes.
Strict compliance of the Guidelines laid down by the Hon'ble Apex Court in
Vishakha and others v. State of Rajasthan and others; (1997) 6 SCC 241.
C.L. No. 29/2009/Admin. (G-II), Dated: May 30, 2009

The Hon'ble Apex Court in Vishakha and others v. State of Rajasthan and others;
(1997) 6 SCC 241 has laid down certain guidelines to ensure the prevention of sexual
harassment of women, which are as under:-
1. Duty of the Employer or other responsible persons in work places and other
institutions:
It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the resolution, settlement
or prosecution acts of sexual harassment by taking all steps required.
2. Definition:
389
For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as:
(a) physical contract and advances
(b) a demand or request for sexual favour.
(c) Sexually colored remarks;
(d) Showing pornography;
(e) Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.
Where any of these acts is committed in circumstances where
under the victim of such conduct has a reasonable apprehension that in
relation to the victim's employment or work, whether she is drawing
salary, or honorarium or voluntary, whether in Government, public or
private enterprise such conduct can be humiliating and may constitute a
health and safety problem. It is discriminatory for instance when the
woman has reasonable grounds to believe that her objection would
disadvantage her in connection with her employment or work including
recruiting or promotion or when it creates a hostile work environment.
Adverse consequences might be visited if the victim does not consent to
the conduct in question or raises any objection thereto.
3. Preventive Steps:
All employers or persons in charge of work place whether in the public or
private sector should take appropriate steps to prevent sexual harassment.
Without prejudice to the generality of this obligation, they should take the
following steps:
(a) Express prohibition of sexual harassment as defined above at the work
place should be notified, published and circulated in appropriate ways.
(b) The Rule/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
(c) As regards private employers, steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work,
leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
should have reasonable grounds to believe that she is disadvantaged in
connection with her employment.
4. Criminal Proceedings:
Where such conduct amounts to a specific offence under the Indian Penal
Code or under any other Law, the employer shall initiate appropriate action in
accordance with law by making a complaint with the appropriate authority.
390

In particular, it should ensure that victims, or witnesses are not victimized
or discriminated against while dealing with complaints of sexual harassment.
The victims of sexual harassment should have the option to seek transfer of
the perpetrator or their own transfer.
5. Disciplinary Action:
Where such conduct amounts to misconduct in employment as defined by
the relevant service rules, appropriate disciplinary action should be initiated
by the employer in accordance with those rules.
6. Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a breach of
the service rules, an appropriate complaint mechanism should be created in
the employer's organization for redress of the complaint made by the victim;
such complaint mechanism should ensure time bound treatment of complaints.
7. Complaints Committee:
The complaint mechanism, referred to in (6) above, should be adequate to
provide, where necessary, a Complaints Committee, a special counselor or
other support service, including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less
than half of its member should be women. Further, to prevent the possibility
of any undue pressure or influence from senior levels, such Complaints
Committee should involve a third party, either NGO or other body who is
familiar with the issue of sexual harassment.
The Complaints Committee must make an annual report to the
Government department concerned of the complaints and action taken by
them.
The employers and person in charge will also report on the compliance
with the aforesaid guidelines including on the reports of the Complaints
Committee to the Government department.
8. Workers' Initiative:
Employees should be allowed to raise issues of sexual harassment at
workers' meeting and in other appropriate forum and it should be
affirmatively discussed in Employer-Employee Meetings.
9. Awareness:
Awareness of the rights of female employees in this regard should be
created in particular by prominently notifying the guidelines (and appropriate
legislation when enacted on the subject) in a suitable manner.
10. Third Party Harassment:
Where sexual harassment occurs as a result of an act or omission by any
third party or outsider, the employer and person in charge will take all steps
391
necessary and reasonable to assist the affected person in terms of support and
preventive action.
11. These guidelines will not prejudice any rights available under the Protection
of Human Rights Act, 1993.‖
In this regard, I am directed to say that the guidelines laid down by the Hon'ble
Apex Court in the aforesaid case be complied with strictly in letter & spirit.
Recommendation made by the Inter Ministerial Committee constituted by Ministry
of Overseas Indian Affairs, Government of India to curb the menace of the
fraudulent overseas marriages and to determine legal action against such overseas
Indian spouses.
C.L. No. 43/2009/Admin. ̳G-II' Dated: Allahabad 2.9.2009
The Secretary, Ministry of Overseas Indian Affairs, Government of India has
brought to the notice of Hon'ble Court on the issues relating to delivery of justice to the
Indian women, who were married and thereafter deserted by their overseas husband to
prevent such fraudulent marriages and to determine the possible legal action that could be
taken against such overseas spouses.

Upon consideration of the matter, the Hon'ble Court is of the view that the
situation, however, needs attention as it involves the right of the married women
subjected to cruelty on demands of dowry, concealment of earlier/existing marriages,
marriages of convenience; and deceit in marital affairs.

To overcome the problem and to determine possible legal action that could be
taken against such Indian overseas spouses, the Hon'ble Court has desired that all such
matters pending for maintenance before the Chief Judicial Magistrate and 1st Class
Magistrates and the suits for restitution of conjugal rights, divorce and custody of
children pending before the Civil Judges and Sessions Judges, wherever the family courts
have not been set up, and all such cases, where the family courts are set up (in 12 districts
in the State of Uttar Pradesh), should be put on Fast Track. Wherever the woman deserted
by her overseas husband, is claiming maintenance, and is seeking some relief relating to
her marriage including custody of children, the cases should be decided very
expeditiously. All these cases should not be unnecessarily adjourned and that as far as
possible these cases should be decided within a period of six months from the date they
are instituted.

I am further directed to say that upon consideration of the matter the Hon'ble
Court has desired that the District Judges concerned shall report back the data of such
cases in every six month, so that the Court may suggests measures, if any unnecessary
delay is being caused in such cases.

I am, therefore, directed to request you to kindly bring the above directions to the
notice of all the Family Courts and all the Judicial Officers working under your
administrative control for information and strict compliance.
64.
INVESTIGATION
(i)
Letter of request to competent authority for investigation in a country or
place outside India and vice-versa.
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.