Jul 14, 2023 03:53 UTC
| Updated:
Jul 14, 2023 at 03:53 UTC
MLAT: Mutual Legal Assistance Treaty
Meaning: A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country.
Mutual Legal Assistance in Criminal matters
As per Allocation of Business Rules of the Government of India, Ministry of Home Affairs is the nodal Ministry and the Central authority for seeking and providing mutual legal assistance in criminal law matters. The Ministry of Home Affairs (MHA) receives all such requests, examines them and takes appropriate action. (Internal Security-II (IS-II) Division handles this subject in the Ministry of Home Affairs).
Section 105 of the Criminal Procedure Code (CrPC) speaks of reciprocal arrangements to be made by Central Government with the Foreign Governments with regard to the service of summons/ warrants/ judicial processes. Accordingly, the Ministry of Home Affairs (MHA) has entered into Mutual Legal Assistance Treaties/Agreements on Criminal Matters with 39 countries which provide for serving of documents.
List of countries with operational Mutual Legal Assistance Treaties in Criminal Matters:
| Switzerland (1989) | Turkey (1993) | United Kingdom (1995) |
| Canada (1998) | Kazakhstan (2000) | United Arab Emirates (2000) |
| Russia (2000) | Uzbekistan (2001) | Tajikistan (2003) |
| Ukraine (2003) | Mongolia (2004) | Thailand (2004) |
| Bahrain (2005) | France (2005) | South Korea (2005) |
| Singapore (2005) | South Africa (2005) | United States of America (2005) |
| Belarus 92006) | Mauritius (2006) | Kuwait (2007) |
| Spain (2007) | Bulgaria (2008) | Vietnam (2008) |
| Mexico (2009) | Egypt (2009) | Hong Kong (2009) |
| Bosnia & Herzegovina (2010) | Iran (2010) | Myanmar (2010) |
| Sri Lanka (2010) | Australia (2011) | Bangladesh (2011) |
| Indonesia (2011) | Malaysia (2012) | Azerbaijan (2013) |
| Kyrgyz Republic (2014) | Israel (2015) | Sultanate of Oman (2015) |
| Kingdom of Morocco (2018) | Kingdom of Cambodia (2018) | Republic of Maldives (2019) |
In other cases, where India does not have a treaty with a country, the Ministry of Home Affairs makes a request on the basis of an assurance of reciprocity to the concerned foreign government through MEA or our Mission/Embassy in that country.
The difference between the two categories of countries is that the country having an MLAT with India has an obligation to consider serving the documents, whereas the non-MLAT countries do not have any obligation to consider such a request.
Letters Rogatory (LR)
The term ‘Letters Rogatory’ is derived from the Latin term “rogatorius”. Letters Rogatory are the letters of request sent by the Court of one country to the Court of another country for obtaining assistance in investigation or prosecution of a criminal matter.
In India, Section 166A and Section 105K of Code of Criminal Procedure, 1973 (CrPC), Section 57 and Section 61 of Prevention of Money Laundering Act, 2002 (PMLA), Section 12 of Fugitive Economic Offenders Act, 2018 (FEOA), etc., lays down the procedure of sending ‘letter of request’ through Competent Court on the request of Investigating Officer.
The procedure for execution of a request received from the foreign Court or Competent Authority has been enshrined in Section 166B and 105K of CrPC, Section 58 of PMLA, etc. In General, the assistance sought under Letters Rogatories is for service of documents and taking of evidence. Letters Rogatory may be made to any country on the basis of Bilateral Treaty/Agreement, Multilateral Treaty/Agreement or International Convention or on the basis of assurance of reciprocity.
Mutual Legal Assistance (MLA) Request
Mutual Legal Assistance Request in the Indian context is a formal request made by the Central Authority of India i.e., Ministry of Home Affairs to the Central Authority of another country on the request of Investigating Officer or Agency under any Bilateral Treaty/Agreement, Multilateral Treaty/Agreement or International Convention.
Difference between Mutual Legal Assistance (MLA) Request and Letters Rogatory (LR)
| Mutual Legal Assistance (MLA) Request | Letters Rogatory (LR) |
| MLA request is made by the Central Authority of India to the Central Authority of another country on the request of the Investigating Officer or Investigating Agency. | LR is issued by the Indian Court on the request of the Investigating Officer or Investigating Agency under Section 166A and Chapter VII A of CrPC. |
| MLA Request can only be made to the countries with which India has Bilateral Treaty/Agreement, Multilateral Treaty/Agreement or International Convention. | LR can be issued to any other country (with whom India have or does not have any existing Bilateral Treaty/Agreement, Multilateral Treaty/Agreement or International Convention) on the basis of assurance of Reciprocity. |
Procedure for making a request for Assistance (Outgoing Request)
Execution of Incoming Request in India
Informal Requests
For getting informal information or leads, the assistance can be sought through INTERPOL Channels. India is a member of INTERPOL and Central Bureau of Investigation has been designated as the National Central Bureau of India for routing the requests for making informal inquiries with the NCBs of other countries. Informal request is a request made in the cases where the Investigating Agency needs information or leads or material in a faster way to form the basis of the case, or where during a formal investigation, such information is considered to be necessary. In such cases, the information may be collected by sending an informal request through INTERPOL, which is the world’s largest International Police Organization. INTERPOL facilitates police-to police assistance and cooperation even where diplomatic relations do not exist between particular countries. Police-to-police assistance is often used in the investigation stage of a law enforcement operation, or to obtain general intelligence or information that would not require the exercise of coercive powers. Police-to-police assistance can be an effective way to determine what material is held by a foreign country prior to making a mutual legal assistance request. Mutual legal assistance and police-to-police assistance are separate forms of cooperation that complement one another.
The request for collection of information for the purpose of starting an investigation or for collecting leads to ascertain facts before launching formal investigation or for issuance of various INTERPOL notices such as Red Notice, Blue Notice, Green Notice, Yellow Notice, Black Notice, Orange Notice, Purple Notice, Interpol-United Nations Security Council Special Notice are routed for inquiries and assistance through NCB India (CBI). Other informal inquiries made with NCB of other countries or INTERPOL Headquarters are also made through NCB India.
Extradition Request
Extradition is the surrender by one State to another of a person desired to be dealt with for crimes for which he has been accused or convicted and which are justifiable in the Courts of the other States. The extradition of fugitives is done as per the provisions of the Extradition Act, 1962 and as per Extradition Treaty or other Extradition Arrangement or International Conventions signed by India with the country concerned. The Ministry of External Affairs (MEA) is the Central Authority for the requests of extradition. A request for extradition has to be made as per the provisions of the Extradition Act, 1962 and the Treaty with the Contracting State.
List of Countries having Extradition Treaty with India
| 1. Azerbaijan (2013) | 2. Australia (2008) | 3. Bahrain (2004) |
| 4. Bangladesh (2013) | 5. Belarus (2007) | 6. Belgium (1901) |
| 7. Bhutan (1996) | 8. Brazil (2008) | 9. Bulgaria (2003) |
| 10. Canada (1987) | 11. Chile (1897) | 12. Egypt (2008) |
| 13. France (2003) | 14. Germany (2001) | 15. Hong Kong (1997) |
| 16. Indonesia (2011) | 17. Iran (2008) | 18. Kuwait (2004) |
| 19. Malaysia (2010) | 20. Mauritius (2003) | 21. Mexico (2007) |
| 22. Mongolia (2001) | 23. Nepal (1953) | 24. Netherlands (1889) |
| 25. Oman (2004) | 26. Poland (2003) | 27. Philippines (2004) |
| 28. Russia (1998) | 29. Saudi Arabia (2010) | 30. South Africa (2003) |
| 31. South Korea (2004) | 32. Spain (2002) | 33. Switzerland (1996) |
| 34. Tajikistan (2003) | 35. Thailand (2013) | 36. Tunisia (2000) |
| 37. Turkey (2001) | 38. UAE (1999) | 39. UK (1992) |
| 40. Ukraine (2002) | 41. USA (1997) | 42. Uzbekistan (2000) |
| 43. Vietnam (2011) |
List of countries with which India has an Extradition Arrangement
| Antigua & Barbuda (2001) | Armenia (2019) | Croatia (2011) |
| Fiji (1979) | Italy (2003) | Papua New Guinea (1978) |
| Peru (2011) | Singapore (1972) | Tanzania (1966) |
| Sweden (1963) | Tanzania (1966) |
Procedure for making an Extradition Request
Mutual Legal Assistance Treaty in Civil and Commercial matters:
(i) List of the countries with whom the MLAT in Civil and Commercial matters is operational as a result of the exchange of the Instrument of Ratification:
| S. No. | Country | Signed | Exchange of the Instrument of Ratification |
| 1. | Bahrain | 13/01/2004 | 21/10/2010 |
| 2. | France | 25/01/1988 | 07/12/2004 |
| 3. | Russia | 03/10/2000 | 11/04/2006 |
| 4. | Azerbaijan | 04/04/2013 | 12/08/2014 |
| 5. | UAE | 31/10/1990 | 29/05/2000 |
| 6. | Mongolia | 03/01/2001 | 15/02/2004 |
(ii) India has also signed Memorandum of Understanding (MoU) with following seven countries:
| S. No. | Country | MOUs | Signed |
| 1. | Turkey | Memorandum of Understanding (MoU) on Cooperation between Ministry of Law & Justice of the Republic of India and the Ministry of Justice of the Republic of Turkey | 10/04/2002 |
| 2. | China | Memorandum of Understanding (MoU) on Cooperation between Ministry of Law & Justice of the Republic of India and the Supreme People’s Prosecution Service of the People’s Republic of China. | 23/06/2003 |
| 3. | Russia | Memorandum of Understanding on Cooperation between Ministry of Law & Justice of the Republic of India and the Ministry of Justice of The Russian Federation | 03/10/2000 |
| 4. | Qatar | Agreement between the Government of the Republic of India and the Government of State of Qatar on Cooperation in the field of Legal Affairs. | 09/04/2012 |
| 5. | Morocco | MoU for co-operation in the field of Law & Justice | 02/04/2018 |
| 6. | United Kingdom | Signing of the Memorandum of Understanding (MoU), between the Ministry of Justice of the United Kingdom and Ministry of Law & Justice, Government of the Republic of India concerning co-operation between both countries in the sphere of Law & Justice and establishing a joint Consultative Committee. | 10/07/2018 |
| 7. | Uzbekistan | The Memorandum of Understanding between of Ministry of Justice of the Republic of India and the Ministry of Justice of the Republic of Uzbekistan on Cooperation in the Sphere of Law & Justice. | 29/09/2018 |
List of International Conventions signed by India having provisions related to Mutual Legal Assistance
- United Nations Convention Against Transnational Organized Crime, 2000
- United Nations Convention Against Corruption, 2003
- United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 1988 (Vienna Convention)
- Hague Convention
- SAARC Convention
- Commonwealth Scheme (Harare Scheme)
United Nations Model Treaty on Mutual Assistance in Criminal Matters
The Model Treaty on Mutual Assistance in Criminal Matters was adopted by the General Assembly in its resolution 45/117 and was subsequently amended by the General Assembly in its resolution 53/112. It is intended to be used as a tool by States in the negotiation of bilateral instruments of this nature, thus enabling them to cope more effectively with criminal cases that have transnational implications.
Article 18 of the Organized Crime Convention builds upon a number of previous global and regional initiatives. It calls for States parties to afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings. The offences in relation to which assistance ought to be granted include transnational “serious crimes” involving an organized criminal group, the offences established under the Organized Crime Convention itself and offences established under any protocols thereto that States become party to.
Article 18. Mutual Legal Assistance
1. States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention as provided for in article 3 and shall reciprocally extend to one another similar assistance where the requesting State Party has reasonable grounds to suspect that the offence referred to in article 3, paragraph 1 (a) or (b), is transnational in nature, including that victims, witnesses, proceeds, instrumentalities or evidence of such offences are located in the requested State Party and that the offence involves an organized criminal group.
2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 10 of this Convention in the requesting State Party.
3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:
a) Taking evidence or statements from persons;
b) Effecting service of judicial documents;
c) Executing searches and seizures, and freezing;
d) Examining objects and sites;
e) Providing information, evidentiary items and expert evaluations;
f) Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records;
g) Identifying or tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes;
h) Facilitating the voluntary appearance of persons in the requesting State Party;
i) Any other type of assistance that is not contrary to the domestic law of the requested State Party.
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