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MLAT: Mutual Legal Assistance Treaty

Mutual Legal Assistance (MLA) is a vital mechanism that enables countries to collaborate in criminal matters. By establishing mutual legal assistance treaties and employing letters rogatory, countries can exchange information, serve legal documents, and seek assistance in investigations and prosecut

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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.

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.

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