MHA Issues New And Revised Guidelines For Mutual Legal Assistance In Criminal Matters For Persons Living Abroad

According to the PIB Delhi report, the Ministry of Home Affairs has issued Revised Guidelines for Mutual Legal Assistance in Criminal Matters in December 2019. The MHA issued comprehensive guidelines regarding the investigation and issue of Letters Rogatory (LRs) and regarding the Service of Summons, Notices and other Judicial Documents on the persons residing abroad. This was in furtherance to the Government of India policy of zero tolerance for crime and in an endeavour to fast track the dispensation of justice.

The guidelines have incorporated various legal and technological developments which makes the documentation more precise and focused as well as a complaint with International requirements. It has also taken into account the concerns raised by various courts for prompt and timely responses in service of documents on persons residing abroad and also has provision for service of documents on authorities of foreign country preferably within 10 days of receipt of the request in respect of offences against women and children.

The guidelines have also mentioned training in mutual legal assistance in criminal matters for investigators, prosecutors, and judicial officers.

The PIB report has also said that India has entered into Mutual Legal Assistance/Agreements with 42 countries and is a signatory to various international conventions,i.e., UNCAC, UNTOC, etc.

The new and revised guidelines issued by MHA in December 2019 was regarding the existing guidelines on investigation abroad & issue of Letters Rogatory (LRs) in 2007 & Service of Summons/Notices/Judicial process on the persons residing abroad in 2009.

The substantial changes in International Cooperation based on new legislations, regulations & conventions and amendments in procedural all over the world including India necessitated the need for a comprehensive review of existing guidelines to keep them alongside the modern era requirements, says the PIB report.