A Mutual Legal Assistance Treaty (Mutual Legal Assistance Treaty (Mutual Legal Assistance Treaty) is an agreement between two or more countries for the purpose of collecting and exchanging information for the application of public or criminal laws. A request for mutual legal assistance is often used to formally question a suspect in criminal proceedings if the suspect resides in a foreign country. A Senate treaty document contains the text of the treaty as it was sent to the Senate, as well as the President`s transmittal letter, the Secretary of State`s submission, and accompanying documents. Assistance may be refused by both countries (depending on the details of the agreement) for political or security reasons, or if the offence in question is not punishable in the same way in both countries. Some agreements may encourage legal assistance to nationals of other countries. For preliminaries: Mutual Legal Assistance Agreements (MLAT), Nodal Agency in India for Mutual Legal Assistance Treaties and its legal basis, Location of Poland After signature and ratification of the treaty, appropriate notifications will be published in the Official Gazette in accordance with the relevant provisions of CRC 1973 to implement the provisions of the treaty in India. The publication of the Official Gazette is accessible to the general public outside the governmental sphere and will raise awareness and transparency of the mutual cooperation between India and Poland in the field of mutual legal assistance in criminal matters. The treaty aims to increase the effectiveness of both countries in criminal investigations and prosecutions through cooperation and mutual legal assistance in criminal matters. In the context of cross-border crime and its links with terrorism, the proposed treaty will provide a broad legal framework for bilateral cooperation with Poland in the investigation and prosecution of criminal offences, as well as in the identification, seizure and confiscation of proceeds and instrumentalities, as well as funds intended to finance terrorist acts.
Such assistance may take the form of investigations and identification of persons, places and things in police custody and assistance in the immobilization of the instruments of criminal activity. With regard to the latter, mutual legal assistance treaties between the United States and Caribbean countries do not cover U.S. tax evasion and are therefore ineffective when applied to Caribbean countries, which normally operate as offshore “tax havens”. [ref. necessary] The Ministry of the Interior does not accept the service of warrants of arrest without bail. The service of a warrant of arrest without bail is equivalent to the extradition of the person. Extradition requests are based on the legal principles and procedures set out in extradition treaties negotiated with the foreign country concerned. Such applications should be forwarded in the prescribed format to the Ministry of External Affairs, VCP Division, Patiala House Annex, TilakMarg, New Delhi – 110001. According to the rules for the division of activities of the Government of India, the Ministry of Home Affairs is the central ministry and the central authority responsible for requesting and providing legal assistance in criminal matters. The Ministry of the Interior receives all such requests, examines them and takes appropriate action. (The Department of Homeland Security II (IS-II) deals with this issue in the Ministry of the Interior.) The Ministry of Foreign Affairs may participate in this process if such requests are transmitted through these ministries through diplomatic channels.
Many countries are able to provide a wide range of legal assistance to other countries through their ministries of justice, even in the absence of a treaty, through joint investigations between the law enforcement agencies of the two countries, emergency requests, requests for mutual legal assistance, etc. However, in some developing countries, national laws may indeed create obstacles to effective law enforcement cooperation and mutual legal assistance.  The Cabinet of the Union, chaired by Prime Minister Shri Narendra Modi, approved the Treaty on Mutual Legal Assistance in Criminal Matters between the Government of the Republic of India and the Republic of Poland to enhance the capacity and effectiveness of both countries in investigating and prosecuting crimes, including terrorism-related crimes, through mutual legal assistance. Modern states have developed mechanisms to request and obtain evidence for criminal investigations and prosecutions. When evidence or other forms of mutual legal assistance, such as testimony or service of documents, are required by a foreign sovereign, States may seek to cooperate informally through their respective law enforcement agencies or resort to what are generally referred to as “letters rogatory”.  The practice of mutual legal assistance has evolved from the Committee-based system of letters rogatory, although it is now much more common for States to address letters rogatory directly to the designated Central Authority in each State. In current practice, such requests can still be made on the basis of reciprocity, but can also be made on the basis of bilateral and multilateral treaties that require countries to provide assistance. Article 105 of the Code of Criminal Procedure (CrPC) refers to reciprocal agreements that the central government must enter into with foreign governments regarding the service of subpoenas, arrest warrants or judicial proceedings.
Accordingly, the Ministry of the Interior has concluded treaties with 39 countries on mutual legal assistance in criminal matters, which provide for the service of documents. Further information can be found on the website of the Ministry of Home Affairs: mha.gov.in/Policy-Guidelines) The difference between the two categories of countries is that the country that has concluded a mutual legal assistance treaty with India is obliged to examine the service of documents, while countries not members of the Mutual Legal Assistance Treaty are not obliged to consider such a request. List of countries with operational mutual legal assistance treaties in criminal matters: In India, all requests for service of summonses/notices/court proceedings on persons residing abroad should be addressed to the Secretary of State (Law), ISIS II Division, Ministry of Home Affairs, 9th Floor, LokNayakBhawan, New Delhi – 110003. An updated list can be found on the Central Bureau of Investigation (CBI) website: www.cbi.nic.in Subpoenas/warrants/judicial proceedings received by the MHA are forwarded to the relevant Indian mission/embassy, which in turn refers the case to the designated central authority in that country. In the case of countries dealing with mutual legal assistance, the type of communication is defined in the mutual legal assistance treaty and may take place either directly between the MHA and the Central Authority or through diplomatic channels. After examining the application, the designated authority shall instruct its authority to serve the documents on the person concerned and the record of service, if any, shall also be received by the same channel. This is largely the system in most countries. In some countries, however, the service of judicial documents has also been entrusted to private companies or NGOs. For Hands: The Usefulness of Mutual Legal Assistance Agreements (MLATs) in the Fight against Transnational Crime and Terrorism, Importance of India-Poland Relations. A complete and accurate description of this text can be found in the PDF. Recently, the Cabinet of the Union approved the Treaty on Mutual Legal Assistance in Criminal Matters between the Government of India and Poland.
In other cases, the Ministry of the Interior submits a request on the basis of an assurance of reciprocity to the foreign government concerned through the WEA or our mission/embassy in that country. For example, the Convention on Mutual Administrative Assistance in Tax Matters is an agreement designed to facilitate the conclusion of bilateral agreements on the exchange of tax information between more than 90 Contracting States. It will enhance India`s effectiveness in combating criminal activities involving Poland. Once in force, the Treaty will contribute to providing better input and insight into the functioning of organised crime and terrorists. These, in turn, can be used to refine policy decisions in the area of internal security.