Section 166 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

These provisions authorise the Indian Court in which an action is pending to request a foreign Court or Judge to take testimony of witness residing within the jurisdiction of that foreign Court and transmit it to the Court making such request for use in a pending legal case. The issuing of such request letter is called “Letter Rogatory”.

The Supreme Court in Union of India v. W.N. Chadha, held that issuing of ‘Letter Rogatory’ by the Delhi Judge for freezing of accounts in Swiss Banks was only to seek judicial assistance from judicial authorities in Switzerland for investigation and collection of evidence and the accused had no right to find faults with the manner in which investigation was making a headway.

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