SYNOPSIS

NAME: Kartik Bhargava SEMESTER: IV

ROLL NO.: 2018044 SECTION: A

TITLE OF THE PROJECT:

Investigation outside the country: modalities through judicial pronouncements

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.

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

RESEARCH QUESTIONS:

1. Whether there are any differences between procedure of investigation inside and outside
India?
2. Whether there is any relation between the both provisions?

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.

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.

2
RATANLAL & DHIRAJLAL, THE CRIMINAL PROCEDURE CODE (21ST Ed)
RESEARCH METHODOLOGY

 Nature 0f the study: the study is d0ctrinal type. It is studied under the c0ncepts 0f
descriptive, analytical and explanat0ry f0rms 0f research.
 S0urces:-

1. Primary s0urces: Cr.P.C. bare c0de, 1973, Guidelines on Mutual Legal Assistance
in Criminal Matters by Ministry of Home affairs.
2. Sec0ndary s0urces: Criminal pr0cedure by K.N. Chandrasekharan pillai, Ratanlal
and Dhirajlal 0n criminal pr0cedure c0de, Heinonline, WestLaw and Manupatra.

SCOPE OF THE PROJECT

The scope of the project is limited to the limitations of the process of investigation outside India
and it focuses 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.

CHAPTERISATION

1. INTRODUCTION
2. INVESTIGATION
2.1 INVESTIGATION AND INQUIRY
3. PROCEDURE OF INVESTIGATION OUTSIDE INDIA
4. PROCEDURE OF INVESTIGATION INSIDE INDIA
5. BIBLIOGRAPHY
6. CONCLUSION