India - Central Authority (Art. 2) and practical information

Central Authority(ies):

The Ministry of Law and Justice
and the High Courts in all States and Union Territories within India

Contact details:

Address: The Ministry of Law and Justice
Department of Legal Affairs
Room No 439-A, 4th Floor, A-Wing
Shastri Bhawan
New Delhi 110001
India
Telephone: +91 (11) 233 810 22 
Fax:  
E-mail: j.p.dubey76@gov.in
judicial-dla@nic.in
General website: https://legalaffairs.gov.in
Contact person: Mr J.P. Dubey, Deputy Legal Adviser
Languages spoken by staff:  

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
 
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
 
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
 
Information about domestic rules on the taking of evidence:   

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

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