REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 19] NEW DELHI, FRIDAY, APRIL 20, 1990/CHAITRA 30, 1912 Separata paging is given to this Part in order that it may be filed as a separate compilation.
2 of 1974.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th April, 1990/Chaitra 30, 1912 (Saka) The following Act of Parliament received, the assent of the President on the 20th April, 1990, and is hereby published for general information: — 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 India as follows: —
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.
% 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: — "166A. (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 Short title and commencement.
Insertion of flew sections 166A and
166B.
Letter of request to competent authority for investigation in a1 2 THE (JAZETTE 0$ INDIA EXTRAORDINARY [PABT LT-nSEC, 1] tduntry to a Court or an authority in that country or place competent to or place deal with such request to examine orally any person supposed to outside 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.
(5) 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.
Letter of 166B. (1) Upon receipt of a letter of request from a Court or an request authority in a country or place outside India competent to issue.
from a such letter in that country or place for the examination of any country person or production of any document or thing in relation to an o r ? , offence under investigation in that country or place, the Central India Government may, if it thinks fit— t o a (i) forward the same to the Chief Metropolitan Magistrate u t h a . or Chief Judicial Magistrate or such Metropolitan Magistrate or rity for Judicial Magistrate as he may appoint in this behalf, who shall investiga- thereupon summon the person before him and record his state- Mon in ment or cause the document or thing to be produced; or India.
(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 th e 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.1'.
Bepeal 3. (i) The Code of Criminal Procedure (Amendment) Ordinance, O r d and 1990 is hereby repealed. x of 1990.
saving.
(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, K. L. MOHANPURIA, Additional Secy, to the Govt. of India- PRINTED BY TIIE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEWl DELHI AND PUBLISHED BY "CUE CONTROLLER OF PUBLICATIONS, DELHI, J $ W