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DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY VISAKHAPATNAM, AP, INDIA

PROJECT TITLE

INVESTIGATION OUTSIDE INDIA

SUBJECT

CODE OF CRIMINAL PROCEDURE

NAME OF THE FACULTY

Ms. SOMA BATTACHARJYA

SUBMITTED BY

ATTILI. LEELA NAGA JANAKI RAJITHA

2017018

IV SEMESTER

Table of Contents
SYNOPSIS......................................................................................................................................3
INTRODUCTION:..........................................................................................................................5

INVESTIGATION:..........................................................................................................................6

INVESTIGATION AND INQUIRY:...........................................................................................6

PROCEDURE OF INVESTIAGTION INSIDE INDIA:................................................................6

PROCEDURE OF INVESTIAGTION OUTSIDE INDIA:..........................................................16

CONCLUSION:............................................................................................................................20

SYNOPSIS
TOPIC- INVESTIGATION OUTSIDE INDIA
RESEARCH QUESTION

Whether there are any differences between procedure of investigation inside and outside India?

Whether there is any relation between the both provisions?

OBJECTIVE

The objective of the project is to understand the investigation procedure outside India and to
analyze the relation between the procedure inside India and outside India.

LITERATURE REVIEW

1. K.N.Chandrashekharan Pillai, Criminal Investigation in India- Human rights perspective,


48, Journal of the Indian Law Institute (3) Page. 435- 438, 2006.
It focuses on the powers of police and Magistrate during the course of investigation.
2. Markus D Dubber, Criminal Jurisdiction and conceptions of penalty in comparative
perspective, 63, The University of Toronto Law Journal (2) Page. 247-277, 2013.
This article focuses on the concept of criminal jurisdiction from a reasonable and ancient
perspective centering on the common criminal law and German criminal law in specific.
3. Alexander PJ, Random reflections of our Criminal Justice System 72 NUALS L.J (2007).
This paper touches the history of police reorganizations in the wake of criminal justice
legislations, sanctioned during the times of British colonization.

RESEARCH METHODOLOGY

The method of research adopted in this project is analytical method of research.

SCOPE OF THE PROJECT

The scope of the project is limited to the limitations of the process of investigation outside India
and it focus mainly on comparison between the procedure inside India and outside India.

SIGNIFICANCE OF THE PROJECT

The significance of the project is to understand the extent of the process of investigation outside
India and the various factors on which such a process of jurisdiction depends on. In this project
the main aspects of investigation outside India is discussed which gives a clear idea about the
process followed.
INTRODUCTION:
Section 166A and 166B defines procedure of investigation outside India. The procedure is for
collecting evidences and Statements from accused and any other person who is acquaint with
facts and circumstances of the crime. Through these we can request competent authority to issue
permission to investigate in any country or place outside India.

Through sec 166B the Central Government can request the Magistrate to collect evidences
relating to case on request any other country.
INVESTIGATION:
According to sec 2(h) “‘investigation’ includes all the proceedings under this Code for the
collection of evidence conducted by a police officer or by any person (other than Magistrate)
who is authorized by Magistrate in this behalf.”1

INVESTIGATION AND INQUIRY:


In criminal matters the inquiry is something different from the trail. Inquiry is wider than the
trail. It ends when trail begins. Investigation, inquiry and trail denote three stages of criminal
procedure. The first stage is investigation; it can be conducted by police officer either by himself
or by an order of the Magistrate investigates the case. If no offence is made out of investigation
then he will report it to the Magistrate who will drop the proceedings and the case will be closed.
If any offence is made out then begins the second stage, which is either a trail or inquiry. The
Court may either acquit or convict according to trail or inquiry. “The main purpose of an
investigation is collection of evidence and it must be conducted by a police officer or person
enjoying the powers of a police officer or authorized by a Magistrate in his behalf or a person in
authority.”2

PROCEDURE OF INVESTIAGTION INSIDE INDIA:


Chapter 12 of criminal procedure code explains about procedure of investigation in India
including inside and outside India. The procedure before collection of the evidences is similar in
case of investigation inside and outside India. Here we are discussing about the procedure before
filing of letter of request to competent authority for investigation outside India.

SEC 154. “Information in cognizable cases

Every information relating to the commission of a cognizable offence, if given orally to an


officer in charge of a police station, shall be reduced to writing by him or under his direction, and
be read over to the informant; and every such information, whether given in writing or reduced
to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State Government may prescribe
in this behalf. Provided that if the information is given by the woman against whom an offence

1 Criminal Procedure Code, sec2(h), acts of parliament, 1973 (India).


2 RATHANLAL & DHIRAJLAL, THE CRIMINAL PROCEDURE CODE (21ST Ed)
under section 326A, section 326B, section 354, section 354A, section 354B, section 354C,
section 354D, section 376, section 376A, section 376B, section 376C, 376D, section 376E or
section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such
information shall be recorded, by a woman police officer or any woman officer; Provided
further that—

in the event that the person against whom an offence under section 354, section 354A, section
354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C,
section 376D, section 376E or section 509 of the Indian Penal Code is alleged to have been
committed or attempted, is temporarily or permanently mentally or physically disabled, then
such information shall be recorded by a police officer, at the residence of the person seeking to
report such offence or at a convenient place of such person’s choice, in the presence of an
interpreter or a special educator, as the case may be;

the recording of such information shall be video graphed;

the police officer shall get the Statement of the person recorded by a Judicial Magistrate under
clause (a) of sub-section (5A) of section 164 as soon as possible.

A copy of the information as recorded under Sub-Section (1) shall be given forthwith, free of
cost, to the informant.

Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record
the information referred to in Sub-Section (1) may send the substance of such information, in
writing and by post, to the Superintendent of Police concerned who, if satisfied that such
information discloses the commission of a cognizable offence, shall either investigate the case
himself or direct an investigation to be made by any police officer subordinate to him, in the
manner provided by this Code, and such officer shall have all the powers of an officer in charge
of the police station in relation to that offence.”3

Sec 154 of CrPC discusses about the lodging of FIR. Under this discussion if any information
relating to the commission of a cognizable offence if it is given orally then it should be deduced

3 Criminal Procedure Code, sec.154, acts of parliament, 1973 (India).


into writing by the police officer himself or any person authorized by him. It should be read over
to the informant and it should be signed by the person who gave the information.

The investigation cannot be started without lodging FIR. The information should deduce
cognizable offence. But any preliminary inquiry can be done the police officer before the
registration of FIR to get know whether the offence is done or not. The FIR should not be lodged
on basis of any rumors. The police officer has every authority to conduct any preliminary inquiry
as needed.

If the police officer refuses to lodge FIR then the informant can send the information through
post to Superintendent of Police. If he satisfies with the information received discloses the
commission of a cognizable offence then he can conduct investigation himself or can order
officer subordinate him to conduct the investigation.

The FIR should be registered within reasonable time. There should not be any delay in lodging
FIR. In case of any delay the reasons of such delay should be reasonable. FIR need not be an
encyclopedia but it should give enough information to deduce the commission of cognizable
offence. In case of cognizable offence there is no requirement of permission from Magistrate.

SEC 155 “Information as to non- cognizable cases and investigation of such cases.

When information is given to an officer in charge of a police station of the commission within
the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the
substance of the information in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf, and refer the informant to the Magistrate.

No police officer shall investigate a non- cognizable case without the order of a Magistrate
having power to try such case or commit the case for trial.

Any police officer receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer in charge of a police
station may exercise in a cognizable case.
Where a case relates to two or more offences of which at least one is cognizable, the case shall
be deemed to be a cognizable case, notwithstanding that the other offences are non- cognizable.”4

It defines the procedure in case of non-cognizable. If any information discloses the commission
of non-cognizable offence then he should record it in the diary maintained by him according to
the State Government directions. He should disclose the same to the Magistrate after getting
warrant from Magistrate he shall continue with the investigation same as that of cognizable
offence.

No police officer is empowered to investigate a non-cognizable case without the order of the
Magistrate having power to try such case or commit the case for trail.

SEC 156. “Police officer’s power to investigate cognizable case.

Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a Court having jurisdiction over the local area within the limits of such
station would have power to inquire into or try under the provisions of Chapter XIII.

No proceeding of a police officer in any such case shall at any stage be called in question on the
ground that the case was one which such officer was not empowered under this section to
investigate.

Any Magistrate empowered under section 190 may order such an investigation as above-
mentioned.”5

It defines the powers of police officer to investigate a cognizable offence. In case of cognizable
offences police has power to hold an investigation even without the order of the Magistrate.
Court has no control over the investigation in such cases or over the action of the police officers
under this section. No one can question the activities of the police officer who conduct in good
faith under this section on question of he has no jurisdiction.

But if any person filed a protest before the Magistrate that the investigating officer is not
recording his Statement then the Magistrate is empowered under sub section 3 of 156 to order to

4 Criminal Procedure Code, sec.155, acts of parliament, 1973 (India).


5 Criminal Procedure Code, sec.156, acts of parliament, 1973 (India).
take such Statement. The interference is only allowed only if no interference will lead to
injustice.

It is the statutory duty of the investigating agency to conduct investigation on receipt of FIR. The
Magistrate is not the executive Magistrate but people who can take cognizance of such offence.
In case of any complaint he can order for investigation under this section even before examining
the complainant. This section explains the powers of police officer in case of investigating about
a cognizable offence.

SEC.157 “Procedure for investigation preliminary inquiry.

1. If, from information received or otherwise, an officer in charge of a police station has
reason to suspect the commission of an offence which he is empowered under section
156 to investigate, he shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence upon a police report and shall proceed in
person, or shall depute one of his subordinate officers not being below such rank as the
State Government may, by general or special order, prescribe in this behalf, to proceed,
to the spot, to investigate the facts and circumstances of the case, and, if necessary, to
take measures for the discovery and arrest of the offender; Provided that-

(a) when information as to the commission of any such offence is given against any person by
name and the case is not of a serious nature, the officer in charge of a police station need not
proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) If it appears to the officer in charge of a police station that there is no sufficient ground for
entering on an investigation, he shall not investigate the case.

2. In each of the cases mentioned in clauses (a) and (b) of the proviso to sub- section (1),
the officer in charge of the police station shall State in his report his reasons for not fully
complying with the requirements of that sub- section, and, in the case mentioned in
clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if
any, in such manner as may be prescribed by the State Government, the fact that he will
not investigate the case or cause it to be investigated”6.

6 Criminal Procedure Code, sec.157, acts of parliament, 1973 (India).


This section describes the procedure to be followed in case of investigation. This section requires
immediate intimation of information of commission of cognizable by an officer incharge of the
police station to Magistrate who is having jurisdiction. The main object of this section is more
than mere compliance with technicalities of law. The Magistrate should be informed with the
information because then only he can have control over the investigation. If in case of necessary
he can order for inquiry u/s 159.

The report should be submitted within reasonable period. The delay may become fatal incase of
prosecution. But mere fact of delay without any prejudice to the accused then the investigation
can be called as tainted. The expression ‘forthwith’ in this section defines within reasonable time
and without any delay.

Here in this section, Investigation includes all proceedings under the Code for the collection of
evidence. Here the proceedings are conducted by police officer or any person other than
Magistrate authorized by the Magistrate by himself. The object of the investigation is to identify
whether the offence is committed or not. Here the investigation cannot be started without report.
The Magistrate in this section takes cognizance of the offence. The police officer can himself
conduct the investigation or if the offence committed against any person is not of such serious
nature then he need not proceed in person but can depute any officer subordinate to him to
conduct the investigation on the spot.

If it appears to the officer in charge there is no sufficient ground to enter into investigation then
he shall not investigate the case. In this case he shall inform the informant in any manner
prescribed by the State Government, the fact that he will not investigate.

SEC.158 States that every report should be sent to the Magistrate. If the State Government
prescribes in any manner then the report will be sent through such superior officer. He may order
the officer in charge if he thinks fit, to sent the same report after recording such instructions to
sent it to Magistrate without any delay.

SEC.159 defines the power of Magistrate to hold investigation or inquiry on receiving such
report. The inquiry under this section can only be conducted after submission of FIR and before
the completion of investigation of police. The Magistrate under this section cannot suspend the
investigation of police officer.
SEC.160 “Police Officer’s power to require attendance of witnesses

Any police officer making an investigation under this Chapter may, by order in writing, require
the attendance before himself of any person being within the limits of his own or any adjoining
station who, from the information given or otherwise, appears to be acquainted with the fads and
circumstances of the case; and such person shall attend as so required:

Provided that no male person under the age of fifteen years or above the age of sixty-five years
or a woman or a mentally or physically disabled person shall be required to attend at any place
other than the place in which such male person or woman resides.

The State Government may, by rules made in this behalf, provide for the payment by the police
officer of the reasonable expenses of every person, attending under Sub-Section (1) at any place
other than his residence”7.

This section authorizes the police officer who is conducting the investigation under chapter 12 to
require the attendance of any person who is acquaint with facts and circumstances of the case.
This power is not only limited to the limits of his station, he can may call upon any person even
residing beyond his limits within limits of any adjoining station. The order should in writing
requiring the attendance of such person.

The State Government may make any rules for the payment of the reasonable expenses of every
person who attendance is require under this section. The limitation provided under this section
for woman and man below fifteen years and above sixty five years is only available for the
witnesses not for the accused.

SEC.161 “Examination of witnesses by police

Any police officer making an investigation under this Chapter, or any police officer not below
such rank as the State Government may, by general or special order, prescribe in this behalf,
acting on the requisition of such officer, may examine orally any person supposed to be
acquainted with the facts and circumstances of the case.

7 Criminal Procedure Code, sec.160, acts of parliament, 1973 (India).


Such person shall be bound to answer truly all questions relating to such case put to him by such
officer, other than questions the answers to which would have a tendency to expose him to a
criminal charge or to a penalty or forfeiture.

The police officer may reduce into writing any Statement made to him in the course of an
examination under this section; and if he does so, he shall make a separate and true record of the
Statement of each such person whose Statement he records.

Provided that Statement made under this sub-section may also be recorded by audio-video
electronic means.

Provided further that the Statement of a woman against whom an offence under section 354,
section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section
376B, section 376C, section376D, section 376E or section 509 of The Indian Penal Code is
alleged to have been committed or attempted, shall be recorded, by a woman police officer or
any woman officer”8.

The section explains about the power of police officer to examine the witness. The examination
should not be of long delay. The police officer who is investigating will examine the witnesses
and collect the Statements given by them. In this section the Statements are recorded without any
oath.

The witnesses are required answer every question truthfully unless any Statement which has
tendency to expose him to any criminal charge or penalty or forfeiture. The Statements made
under this section should be detailed and should be recorded in the first person. The recording of
Statements in writing is not compulsory. If he want deduce them into writing then it should be
separate and detailed Statements of each person should be made.

SEC.165 “Search by police officer

Whenever an officer in charge of police station or a police officer making an investigation has
reasonable grounds for believing that anything necessary for the purposes of an investigation into
any offence which he is authorised to investigate may be found in any place within the limits of

8 Criminal Procedure Code, sec.161, acts of parliament, 1973 (India).


the police station of which he is in charge, or to which he is attached, and that such thing cannot
in his opinion be otherwise obtained without undue delay, such officer may, after recording in
writing the grounds of his belief and specifying in such writing, so far as possible, the thing for
which search is to be made, search, or cause search to be made, for such thing in any place
within the limits of such station.

A police officer proceeding under Sub-Section (1), shall, if practicable, conduct the search in
person.

If he is unable to conduct the search in person, and there is no other person competent to make
the search present at the time, he may, after recording in writing his reasons for so doing, require
any officer subordinate to him to make the search, and he shall deliver to such subordinate
officer an order in writing, specifying the place to be searched, and so far as possible, the thing
for which search is to be made; and such subordinate officer may thereupon search for such thing
in such place.

The provisions of this Code as to search-warrants and the general provisions as to searches
contained in section 100 shall, so far as may be, apply to a search made under this section.

Copies of any record made under Sub-Section (1) or Sub-Section (3) shall forthwith be sent to
the nearest Magistrate empowered to take cognizance to the offence, and the owner or occupier
of the place searched shall, on application, be furnished, free of cost, with a copy of the same by
the Magistrate”9.

The section describes the procedure to be followed in case of search a place and seizure anything
available there. Any police officer who is proceeding under this section for search of any article
which is necessary for investigation he should specify his grounds of belief, place of search, if
possible article which is being searched.

The investigating officer should have reasons to believe that anything necessary for investigation
is available within limits of the police station of such investigating officer. This section is applied
to the place within limits of such police station of investigating officer.

9 Criminal Procedure Code, sec.165, acts of parliament, 1973 (India).


The officer in charge of a police station or a police officer making such investigation shall
proceed in person for search. If he is unable to do so then he may, after recording reasons for so
doing, require any person subordinate him to conduct the search. An order specifying the place to
be searched and if possible the article to be searched should be given in writing to such person
then such subordinate officer can proceed to search upon such thing in that place.

The procedure to be followed will be same as in case of a search warrant and general provisions
as to searches contained under section 100. A report should be made according to the provisions
u/s 100. The copies any record made under this section should be sent to the nearest Magistrate
empowered to take cognizance of such case and to the owner of the place free of cost.

SEC.166 “When officer in charge of police station may require another to issue search-warrant

An officer in charge of a police station or a police officer not being below the rank of sub-
Inspector making an investigation may require an officer in charge of another police station,
whether in the same or a different district, to cause a search to be made in any place, in any case
in which the former officer might cause such search to be made, within the limits of his own
station.

Such officer, on being so required, shall proceed according to the provisions of section 165, and
shall forward the thing found, if any, to the officer at whose request the search was made.

Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of
another police station to cause a search to be made under Sub-Section (1) might result in
evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an
officer in charge of a police station or a police officer making any investigation under this
Chapter to search, or cause to be searched, any place in the limits of another police station in
accordance with the provisions of section 165, as if such place were within the limits of his own
police station.

Any officer conducting a search under Sub-Section (3) shall forthwith send notice of the search
to the officer in charge of the police station within the limits of which such place is situate, and
shall also send with such notice a copy of the list (if any) prepared under section 100, and shall
also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the
records referred to in Sub-Sections (1) and (3) of section 165.

The owner or occupier of the place searched shall, on application, be furnished free of cost with
a copy of any record sent to the Magistrate under Sub-Section (4)”10.

This section explains the procedure in case of the thing necessary for investigation if it is beyond
the limits of the police station of investigating officer within limits of other police station. In
such cases he requests the officer in charge of other police station to search that place and seize
that article. If he believes in case of delay such article may be removed from that place then he
can act and search that place as it was located within limits of his station.

This section gives power in certain circumstances to an officer incharge of one police station to
search or caused to be searched places within local limits of another police station. The
procedures followed under this section incase of search and seizure is same as Stated in sec 165.

PROCEDURE OF INVESTIAGTION OUTSIDE INDIA:


SEC.166A Letter of request to competent authority for investigation in a country or place outside
India

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 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.

10 Criminal Procedure Code, sec.166, acts of parliament, 1973 (India).


The letter of request shall be transmitted in such manner as the Central Government may specify
in this behalf.

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 Chapter11.

This section deals if any person who is acquaint with the facts and circumstances of the offence
committed then the investigating officer and any officer superior to him can request criminal
Court to make letter request to a Court or authority in that country or place competent to deal
with such request to examine orally such person acquaint with facts and circumstances of the
case and record his Statement made during such examination. If such stays in India then his
Statement will be collected u/s 161. If his in possession of any document or thing then the Court
can ask him to produce the document or thing. It can ask any another person to produce any
document or thing necessary for investigation. The same thing happens in sec.165 and 166 if it is
in India.

The letter of request is called as letter of rogatory. The letter is formal communication between
local Court and foreign Court for taking testimony of any person residing within the jurisdiction
of such foreign Court. The request is entirely depends on the comity of Courts with each other
and friendly recognition accorded by the Court of one nation to the laws and usages of the Court
of another nation.12

While issuing the letter of rogatory to any authority related for such activity, the accused has no
right to have a say with regard to the manner and method of investigation and the rule of ‘Audi
alteram partem’ simply does not apply here.13

This section was introduced by s.2 of the criminal procedure amendment act, 1990 in order to
facilitate ongoing investigation in the matter of kickbacks and commission paid by a foreign gun-
factory, viz., A.B.Bofors of Sweden, for finalizing the sale of its product 155m.m. caliber
medium guns both towed and self-propelled, with Ministry of defence, Government of India. The

11 Criminal Procedure Code, sec.166A, acts of parliament, 1973 (India).

12 Union of India v. W. C. Chadha, AIR 1993 SC 1082


13 ibid
necessity raised when the amount of money was paid by the BOFORS was deposited in the
accounts of the accused in the banks at Switzerland.14

There are many issues in this case by petitioner before High Court.

Whether the special judge has authority to send letter of rogatory?

Whether the principle of audi alterm partem will be applied here?

High Court held that the special Court has no authority to issue the letter of rogatory. Even if he
is empowered the other side was not heard by him. Stating these reasons the High Court set aside
the letter of rogatory. CBI approached Supreme Court through special leave to appeal. Supreme
Court held that special judge is empowered to sent letter rogatory as in the section it was held
any criminal Court. This is still the stage of investigation and at the stage of investigation
accused has no right of say in the method and manner of investigation. The principle of audi
alterm partem does not apply at this stage.

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

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-

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

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.

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

14 ibid
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 fit15.

This section was introduced by s.2 of the criminal procedure amendment act, 1990. This section
facilitates the foreign countries to request through Central Government any Magistrate to take
testimony of the person residing in his jurisdiction. He can also order to produce any documents
or things which are requested by the foreign countries. The request is entirely depends on the
comity of Courts with each other and friendly recognition accorded by the Court of one nation to
the laws and usages of the Court of another nation.

The Court can take testimony by itself or by any person authorized by him. They should act
according to the instructions of the foreign countries during taking the testimony.

This section was used in a landmark judgment Narinder Singh Dorgah v. State of Punjab

In this case the appellant was suspect of murder in Canada. The Canadian authorities requested
the Ministry of Home Affairs, Government of India, to collect testimony and blood samples
voluntarily. They also held if they are collected involuntarily then they will be of no use for
them. Central Government forwarded the case to CBI. CBI directed him to give testimony and
blood samples. He refused give them. Then CBI filed application before Magistrate requesting
him to direct that person to give blood samples and testimony. Against that decision appellant
filed revision petition before session’s Court. The petition was dismissed. He filed petition u/s
482 before High Court. It was also dismissed. He went to Supreme Court through special leave
petition. Supreme Court Stated that in such a case the CBI could not take recourse to sec.166B
and compel appellant to make the Statement and give blood sample.16

CONCLUSION:
The sections 166A and 166B facilitates the investigating agency when the evidences are outside
India. It was enacted as in case of so many economic cases the documents and persons which are
involved in the case are beyond the limits of India. This section can be related to sections in case
of procedure with sections 161 and 166 because these sections come into picture if the evidences

15 Criminal Procedure Code, sec.166B, acts of parliament, 1973 (India).

16 AIR 2004 SC 1686


are inside India. The procedure before requesting for the letter of rogatory are similar in case
both when investigating inside India and outside India. These sections mainly depends on the
friendly recognition of laws of one nation by another nation. These sections built justice system
across the world because by sec.166B we are recognizing the laws of another nation and
facilitating them in their investigation. These sections mainly dependent the friendly relations
between two countries. For investigation under this sections there is no need of extradition treaty
between these as it not related to extradition of an accused but just requesting the foreign Courts
or any other authority to collect documents and testimony of the persons and send them back to
country.