Mutual Legal Assistance Treaty (MLAT): Meaning, Importance, and India’s Role

The Mutual Legal Assistance Treaty (MLAT) enables countries to cooperate in criminal investigations by sharing evidence and information. Learn about MLAT’s objectives, scope, and India’s framework under Sections 108–111 of CrPC.

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The Mutual Legal Assistance Treaty (MLAT) has gained renewed attention after the Government of India formally invoked it with Singapore to investigate the mysterious death of singer Zubeen Garg. MLAT plays a crucial role in facilitating international cooperation in criminal investigations, prosecutions, and the prevention of cross-border crimes.

In an era where crimes easily transcend national boundaries—such as cybercrime, money laundering, terrorism, and corruption—MLAT serves as an essential legal tool for global justice.

What is the Mutual Legal Assistance Treaty (MLAT)?

The Mutual Legal Assistance Treaty (MLAT) is a bilateral or multilateral agreement between two or more countries that allows them to exchange information, evidence, and other legal assistance in connection with criminal investigations and proceedings.

MLATs ensure that law enforcement and judicial authorities in one country can request help from another country in gathering evidence, tracing proceeds of crime, serving legal documents, and extraditing offenders.

Objectives of MLAT

The main objectives of MLAT include:

Facilitating effective investigation and prosecution of transnational crimes.
Ensuring timely exchange of information and evidence between countries.
Preventing criminals from evading justice by crossing borders.
Enhancing international cooperation in combating organized and serious crimes.

Key Features of MLAT

1. Scope of the Treaty

MLAT covers a wide range of offences including:

Terrorism
Organized crime
Drug trafficking
Money laundering
Cybercrime
Corruption
Financial fraud and other serious crimes

2. Forms of Assistance under MLAT

Countries that are part of the treaty can provide assistance in several forms, such as:

Identifying and locating persons involved in a case
Serving legal documents, such as summons or warrants
Obtaining witness statements or testimonies
Executing search and seizure operations
Freezing, confiscating, or repatriating proceeds of crime
Sharing certified documents and evidence

These measures strengthen cross-border legal cooperation and help bring offenders to justice, even when they are located abroad.

MLAT Framework in India

In India, the Ministry of Home Affairs (MHA) is the nodal authority responsible for handling requests under MLATs. All incoming and outgoing requests related to international criminal investigations are processed through the MHA to ensure legality and adherence to international norms.

India has signed MLATs with over 40 countries, including:

Singapore
United States of America (USA)
United Kingdom (UK)
France
Russia
United Arab Emirates (UAE) and others.

Legal Provisions under Indian Law (CrPC, Chapter VIII)

The Code of Criminal Procedure (CrPC) provides the legal basis for implementing MLAT in India through Sections 108 to 111:

Section	Description
Section 108	Sending a letter of request to a foreign country for obtaining evidence or assistance in an investigation.
Section 109	Acting on a letter of request received from a foreign country for gathering evidence within India.
Section 110	Service of summons and judicial documents abroad for witnesses or accused persons.
Section 111	Examination of witnesses or collection of evidence in a foreign country through authorized channels.

Importance of MLAT for India

Strengthens international cooperation against cross-border crimes.
Speeds up investigations involving foreign elements or evidence located abroad.
Helps recover black money and track assets hidden in foreign jurisdictions.
Supports extradition processes and prosecution of absconding offenders.
Enhances India’s global credibility in upholding rule of law and international justice.

Recent Context: MLAT with Singapore in Zubeen Garg Case

The invocation of MLAT with Singapore in the Zubeen Garg death investigation highlights India’s growing reliance on international legal cooperation. Through MLAT, Indian authorities can request Singaporean counterparts to provide critical evidence, surveillance data, or witness testimonies to ensure a fair and transparent investigation.

Conclusion

The Mutual Legal Assistance Treaty (MLAT) represents a cornerstone of international criminal justice. By enabling countries to exchange information and evidence seamlessly, it helps bridge jurisdictional gaps and ensures that offenders cannot escape accountability simply by crossing borders.

With India actively invoking MLATs in major international cases, the framework continues to evolve as a key pillar of global cooperation against crime.