The Ministry of Home Affairs (MHA) had issued comprehensive guidelines regarding investigation abroad and issue of Letters Rogatory (LRS) in 2007 and regarding service of summons/notices/ judicial documents on the persons residing abroad, in 2009. With a view to streamlining the process of MLAT in criminal matters, the guidelines have been revised in respect of IRS, MIA request and service of summons/notices/ judicial documents, etc. The revised guidelines Incorporate various legal and technical developments in the recent years and aim to make the documentation in this regard more precise and focused as well as compliant with international requirements.
2. A copy of the guidelines is enclosed with a request to circulate these among officers concerned for following the procedure laid-down in the guidelines.
How to get access to the Portal: Ministry of Home affairs has created the user IDs of Central Agencies at their Admin/Headquarters/Zonal Level and State/UT Government at Interpol Liaison Officer (ILO) level through a User Management Module.
- Central Agency Admin/State/UT ILOs are authorized to create user IDs for Controlling Officers (CO) not below the rank of Superintendent of Police or equivalent rank.
- The COs with their respective accounts will create user IDs for Investigating Office (IO) i.e., Branch/ Police Station whereby the Initiating/ investigating officer (IO) will fill-up data and upload documents with respect to Letter Rogatory/ Mutual Legal Assistance Request.
- IO should prepare the proposal, as per the guidelines for Mutual Legal Assistance (MLA) in Criminal Matters issued by the Ministry of Home Affairs, and then forward to CO level user.
- The CO should ensure the checklist provided in the Portal has been attached in the proposal, before moving it to the Central Agency-LO or ILO of State/UT Government.
- The Central Agency-LO/State/UT ILO should check the list mentioned in the Portal, has been attached with the proposal, before forwarding the case to the Ministry of Home Affairs.
NOTE: If any approval is required by the Law enforcement agency at their state/UT/agency level, like taking legal opinion from Director of prosecution, approval of head of agency/department etc. the same should be moved parallel outside the Portal.
2. SAARC Convention on Mutual Assistance in Criminal Matters (List of Member Countries)
3. United Nations Convention against Corruption (List of Member Countries)
4. UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC (List of Member Countries)
5. UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME UNITED NATIONS 2000 (List of Member Countries)
