Section 166A CrPC: Letter of request to competent authority for investigation in a country or place outside India

Code of Criminal Procedure, 1973

Section 166A CrPC at a Glance

Section 166A CrPC deals with letter of request to competent authority for investigation in a country or place outside India. From 1 July 2024 it is replaced by Section 112 BNSS.

Now BNSS

Section 112 →

What Section 166A CrPC Says

166A. Letter of request to 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.

Source: Section 166A, Code of Criminal Procedure, 1973

Section 166A CrPC in Simple Words

Section 166A of the Code of Criminal Procedure, 1973 deals with a letter of request to a competent authority for investigation in a country or place outside India. Section 166A(1) CrPC applies despite anything else contained in the Code. It applies when, in the course of an investigation into an offence, an application is made that evidence may be available in a country or place outside India. The application is made by the investigating officer or any officer superior in rank to the investigating officer.

On such an application, any Criminal Court may issue a letter of request to a Court or an authority in that country or place that is competent to deal with the request. The letter may ask that Court or authority to examine orally any person supposed to be acquainted with the facts and circumstances of the case, and to record the statement made in the examination. It may also ask the Court or authority to require that person, or any other person, to produce any document or thing that is in the possession of that person and pertains to the case. It may further ask the Court or authority to forward all the evidence taken or collected, or authenticated copies of it, or the thing collected, to the Court issuing the letter.

Under Section 166A(2) CrPC, the letter of request shall be transmitted in the manner the Central Government may specify in this behalf. Section 166A(3) CrPC deals with what is received under Section 166A(1) CrPC. Every statement recorded or document or thing received shall be deemed to be the evidence collected during the course of investigation under Chapter XII of the Code.

When Section 166A CrPC Applies

Notwithstanding anything contained in this Code, Section 166A(1) CrPC applies where, 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.
Section 166A(1) CrPC says the letter of request may be to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record the 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.
Section 166A(1) CrPC says the letter of request may also be to forward all the evidence so taken or collected, or the authenticated copies of it, or the thing so collected, to the Court issuing such letter.
Section 166A(2) CrPC says the letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
Section 166A(3) CrPC says every statement recorded or document or thing received under Section 166A(1) CrPC shall be deemed to be the evidence collected during the course of investigation under Chapter XII of the Code.

Example of Section 166A CrPC

Inspector Rajesh is investigating an offence. Rajesh makes an application that evidence may be available in a country outside India. Under Section 166A(1) CrPC, any Criminal Court may issue a letter of request to a Court or an authority in that country 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 the statement made in the course of such examination. Under Section 166A(3) CrPC, every statement recorded shall be deemed to be the evidence collected during the course of investigation under Chapter XII of the Code.

When Section 166A CrPC Does Not Apply

Section 166A CrPC speaks of a letter of request issued by a Criminal Court to a country or place outside India. It does not deal with a letter of request received from a country or place outside India, which Section 166B CrPC covers under the heading Letter of request from a country or place outside India to a Court or an authority for investigation in India.
Section 166A CrPC speaks of a letter of request to examine a person and collect evidence. It does not deal with a warrant for arrest or a summons or warrant executed in a contracting State, which Section 105B CrPC covers under the heading Assistance in securing transfer of persons.

Section 166A CrPC Under BNSS 112: What Changed

Section 166A CrPC is now covered under Section 112 BNSS.

Section 166A of the Code of Criminal Procedure, 1973 is found in Section 112 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 112(1) BNSS has no counterpart to the opening words of Section 166A(1) CrPC, which read notwithstanding anything contained in this Code. Section 112(3) BNSS says under this Sanhita where Section 166A(3) CrPC said under this Chapter. The rest of the text is the same.

View detailed comparison (CrPC 166A vs BNSS 112) →

FAQs on Section 166A CrPC

Who may apply, and who may issue a letter of request under Section 166A CrPC?▼

Section 166A(1) CrPC says that 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.

What may a letter of request under Section 166A(1) CrPC ask for?▼

Section 166A(1) CrPC says the letter of request may ask the Court or authority to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record the statement made in the course of such examination. It may also ask 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 of it, or the thing so collected, to the Court issuing such letter.

How is the letter of request transmitted, and what is the status of what is received under Section 166A CrPC?▼

Section 166A(2) CrPC says the letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. Section 166A(3) CrPC says every statement recorded or document or thing received under Section 166A(1) CrPC shall be deemed to be the evidence collected during the course of investigation under Chapter XII of the Code.

Where is Section 166A CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 166A(1) CrPC is found in Section 112(1) BNSS, Section 166A(2) CrPC is found in Section 112(2) BNSS and Section 166A(3) CrPC is found in Section 112(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·