 bill no 31 of 1990  "'~:a the code of criminal procedure (amendment) bill, 1990 a billfurther to amend the code oj 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 5 (2) it shall be deemed to have come into force on the 19th day of february, 1990 short title and commence! ment ! in the code of criminal procedure, 1973 (hereinafte,r referred to as the code of criminal procedure), in chapter xii, after section 166, the following sections shall be inserted, namely:-insertion of 'new 8ections looa and l6se, )0 "166a (1) if, in the course of an investigation into an offence, the investigating ooicer or an office,r superior in rank to the investigating officer, has reason to believe that evidence may be available in a country or place outside india, he may issue a letter of request-15 (i) to the authority competent to investigate such offence in that country or place to examine orally any person· supposed to be acquainted with the facts and circumstances of'the case and to reduce into writing any statement made in the cour!e of such lctter of request to competent authority for inves tig:ltion in a country or place outside india examination and also to require such person or any other person to produce any document or thing whkh may be in his possession pertaining to the case; or (ii) to the authority competent to direct such an investigation in that country or place to cause it to be made in like 5 manner, and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the officer issuing such letter (2) notwithstanding anything contained in sub-section (1), if, 10 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 exa- 15 mine orally any person supposed to be acquainted with the facts and circumstances of the case 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 tak~ or co\lected or the authenticated copies thereof or the thing 20 so collected to the court issuing such letter (3) the letter of request shall be transmitted in such manner as the central government may specify in this behalf (4) every statement recorded or document or thing received under sub-section (1) or sub-section (2) shall be deemed to be the 25 evidence collected during the course of b:lvesttgation 1lnder this chapter 166b (1) upon receipt of a letter of request u-om a cow-t 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 30 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 thinkc; fit-letter of request from a count'ry or place outside india to a court or an authority for investieation in india (i) forward the same to the chief metropolitan ma,is$rate or chief judicial magistrah~ or su('h metropolitan ~trate or 35 judicial magistrate as he may appoint in this behalf, who shall thereupon sdmmon the person before him and record his statement or cause the document or thing to be produced: or (~> send the letter to any police o~r for investiffltion who ajaall therei\pon investipte into tbe offence in the same 40 majuler, as if the offence had been committed within india (z) ajl the evidence taken or collected under sub-8t'ction (1) or iil~tn ~opies th~reof ofthe~( so ~llected • spall be farwardad by the magj$trate or police 'o~cer, as the case may be, to the 5 central government for transmirsion to the court or the authority issuing the letter of request, in such manner as the central government may deem fit"_ 3 (1) the code of criminal procedure (amendment) ordinance, hepcal 5 1990 is hereby repealed and ord 1 of 199()' sqvtne (2) notwithstanding such repeal anythin~ 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  statement of objects and reasonsthe investigating authorities in india were handicapped in collecting evidence, available in a foreign country or place in respect of a crime committed by a citizen of india outside the country, due to the absence of a specific provision in the code of criminal procedure 1973 hence an ordinance was promulgated on the 19th february, 1990 to amend the code for the purpose 2 a new section 166a had been inserted in the code to enable the investigating authorities and the criminal courts to issue letter of request to their counterparts in foreign countries to collect evidence and transmit the same to the authority or court issuing such letter every evidence so collected shall be deemed to be evidence collected during the course of investigation 3 having regard to the principle of reciprocity, another section namely section 166b had also been inserted in the code for facilitating letters of request to be sent by foreign investigating agencies or courts to their counterparts in india for similar purposes, 4 the bill seeks to replace the aforesaid ordinance new delln; mufti mohammed sa yeed the 6th march, 1990 ,~ " ,  billfurther to amend the code of criminal procedure, 1973 (shn mufti mohom",, s0tleed, minister of home ab"',) 