Section 166B CrPC: Letter of request from a country or place outside India to a Court or an authority for investigation in India

Code of Criminal Procedure, 1973

Section 166B CrPC at a Glance

Section 166B CrPC deals with letter of request from a country or place outside India to a Court or an authority for investigation in India. From 1 July 2024 it is replaced by Section 113 BNSS.

What Section 166B CrPC Says

166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India

(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 fitβ€”

(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.

(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.

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

Section 166B CrPC in Simple Words

Section 166B of the Code of Criminal Procedure, 1973 deals with a letter of request from a country or place outside India to a Court or an authority for investigation in India. The letter comes from a Court or an authority in that country or place that is competent to issue it. It asks for the examination of a person or the production of a document or thing in relation to an offence under investigation there. On receipt of the letter, the Central Government may, if it thinks fit, choose either of the following steps.

It may forward the letter to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate. It may instead forward it to a Metropolitan Magistrate or Judicial Magistrate whom the Chief Metropolitan Magistrate or Chief Judicial Magistrate may appoint in this behalf. The Magistrate shall then summon the person and record the statement, or cause the document or thing to be produced. Or the Central Government may send the letter to a police officer for investigation.

The police officer shall then investigate the offence in the same manner as if the offence had been committed within India. The Magistrate or police officer, as the case may be, shall forward all the evidence taken or collected, or authenticated copies of it, or the thing collected, to the Central Government. This is for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.

When Section 166B CrPC Applies

  • Section 166B(1) CrPC applies 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, act under Section 166B(1)(i) CrPC or Section 166B(1)(ii) CrPC.
  • Section 166B(1)(i) CrPC says the Central Government may forward the letter of request 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.
  • Section 166B(1)(ii) CrPC says the Central Government may 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.
  • Section 166B(2) CrPC says all the evidence taken or collected under Section 166B(1) CrPC, or authenticated copies of it, 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.

Example of Section 166B CrPC

A Court in a country outside India sends a letter of request for the examination of Vikram in relation to an offence under investigation in that country. Upon receipt of the letter of request, the Central Government thinks fit to act. Under Section 166B(1)(i) CrPC, the Central Government forwards the letter of request to the Chief Judicial Magistrate, who shall thereupon summon Vikram before the Chief Judicial Magistrate and record the statement of Vikram. Under Section 166B(2) CrPC, the evidence taken shall be forwarded to the Central Government for transmission to the Court issuing the letter of request.

When Section 166B CrPC Does Not Apply

  • Section 166B CrPC speaks of a letter of request received from a country or place outside India. It does not deal with a letter of request issued by a Criminal Court to a country or place outside India, which Section 166A CrPC covers under the heading Letter of request to competent authority for investigation in a country or place outside India.
  • Section 166B CrPC speaks of a letter of request for the examination of a person or the production of a document or thing. 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 166B CrPC Under BNSS 113: What Changed

Section 166B CrPC is now covered under Section 113 BNSS.

Section 166B of the Code of Criminal Procedure, 1973 is found in Section 113 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 113(1)(i) BNSS names the Chief Judicial Magistrate or Judicial Magistrate as he may appoint, where Section 166B(1)(i) CrPC named the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint. The rest of the text is the same.

View detailed comparison (CrPC 166B vs BNSS 113) β†’

FAQs on Section 166B CrPC

What may the Central Government do on receiving a letter of request under Section 166B(1) CrPC?β–Ό

Section 166B(1) CrPC says that 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, 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, forward it to a Magistrate under Section 166B(1)(i) CrPC or send it to any police officer for investigation under Section 166B(1)(ii) CrPC.

Which Magistrates are named in Section 166B(1)(i) CrPC?β–Ό

Section 166B(1)(i) CrPC names the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf. That Magistrate shall thereupon summon the person before him and record his statement or cause the document or thing to be produced.

How is the evidence sent back under Section 166B(2) CrPC?β–Ό

Section 166B(2) CrPC says all the evidence taken or collected under Section 166B(1) CrPC, or authenticated copies of it, 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.

Where is Section 166B CrPC found in the BNSS from 1 July 2024?β–Ό

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 166B(1) CrPC is found in Section 113(1) BNSS, Section 166B(1)(i) CrPC is found in Section 113(1)(i) BNSS, Section 166B(1)(ii) CrPC is found in Section 113(1)(ii) BNSS and Section 166B(2) CrPC is found in Section 113(2) BNSS.

Have questions about Section 166B CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru β†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 Β· Last updated: 27 Oct 2026 Β·