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India Country Profile - MLA in Relation to Asset Recovery

1. Code of Criminal Procedure of India

  • Chapter VIIA - Reciprocal Arrangements  for Assistance in certain matters and procedure for attachment and forfeiture of property (Sections 105A – 105L);
  • Section 166A - Letter of Request to competent authority for investigation in a country or place outside India; 
  • Section 166B - Letter of Request from a country or place outside India to a court or an authority for investigation in  India;
  • Central Authority – Ministry of Home Affairs (MHA);
  • Bilateral Agreements and Treaties;
  • Commonwealth Schemes – Harare Scheme on MLA and London Scheme on Extradition (kidnapping of a foreigner not allowed in India);
  • Diplomatic Channels; and
  • Other channels (CNCP).

2. Special Features in some of the bilateral MLA Treaties between India and other countries

i) INDO – UAE MLA

  • MLA shall be granted irrespective of whether assistance is sought or to be provided by court or some other authority;
  • Request to be made in writing but in urgent cases may be made orally and later to be confirmed in writing (in case of US within 10 days);
  • Refusal of assistance – if execution of request would impair its sovereignty, security, public order, or other essential interests, contrary to the domestic law of the requested party.

ii) INDO - UK MLA

  • Detailed provision for a request for Restraint Order on property.

iii) INDO - US MLA

  • Limitations of Assistance - it may be denied if the request relates to political offense (defines exception to this ground in case of serious crimes like terrorism, drugs etc). Requested State not to decline on the ground of bank secrecy (new provision), provides for certification of business records and attestation of foreign public documents in prescribed forms.
  • No exception to speed/facilitation/grease payments under India laws. Supreme Court of India considers this as a bribe. US Foreign Corrupt Practices Act 1977 draws a distinction between bribery and facilitation, the latter is permitted, if they are not against laws of foreign jurisdiction.

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India Profile

Central Authority for MLA: Ministry of Home Affairs

Website

Phone number

+91 (11) 2463 3828

Postal address

  • Address

    Ministry of Home Affairs
    Joint Secretary (Policy Planning)
    North Block
    110001
    New Delhi
    India (in)