INDIA Law and Practice Contributed by: Vijayendra Pratap Singh, Asif Ahmed, Bhanu Jindal and Khushi Mittal, AZB & Partners
cerned mission/embassy, though non-MLAT countries have no obligation to comply. Letters rogatory (LR) are generally used where no MLAT exists. LR are requests sent by a court in one country to a court in another for assistance in the investigation/prosecution of criminal matters. The BNSS prescribes a procedure for sending LR through a competent court at the request of the investigating officer/agency. In cases involving non-reciprocating territories, the investigating agency must seek the MHA’s concurrence before approaching the court for issuance of LR. Once issued, LR are forwarded to the MHA and transmitted through the Ministry of External Affairs to the central authority of the foreign state. The MHA has issued comprehensive guidelines for cross-border investigations and service of summons - es, notices, and judicial documents in criminal matters through MLATs and LR. MHA guidelines issued under the erstwhile CrPC continue to apply under the BNSS. Extradition The Indian Extradition Act, 1962, governs the pro - cess of extradition. India has entered into extradition arrangements with a number of countries with whom it does not have a bilateral extradition treaty. In the absence of an extradition treaty between India and a foreign state, the central government may, by notified order, treat any convention to which India and that state are parties, as an extradition treaty. Currently, India has extradition treaties with 48 for - eign states (including the USA, UK and Switzerland) and extradition arrangements with 12 foreign states (including Sweden and Singapore). India is a member of several multilateral treaties pro - viding mutual assistance in enforcement, including the Financial Action Task Force (FATF) and International Criminal Police Organization (INTERPOL), which facili - tate sharing of data on crimes and criminals, along with technical and operational support. India has been an FATF member since 2010. The FATF has commended India’s efforts against illicit finance, placing it in the “regular follow-up” category, the high - est rating. India is part of the FATF Steering Group and
contributes to global initiatives against money laun - dering and terrorism financing. India has been an INTERPOL member since 1949, supporting efforts against transnational crimes including terrorism, narcotics, money laundering, and cybercrime. In January 2025, India joined 52 coun - tries in INTERPOL’s Silver Notice pilot phase, a tool to recover assets, combat organised crime, and enhance co-operation by requesting asset-related information across borders. Since 2023, the number of Red Notices issued by INTERPOL at India’s request has increased remark - ably, with 100 notices in 2023, 107 in 2024 and 56 in the first six months of 2025. On 21 August 2025, the Directorate of Enforcement (ED) issued its first Pur - ple Notice through INTERPOL, notifying 196 member states of a new trade-based money laundering modus operandi discovered during investigations, marking a significant enforcement step. Indian law enforcement agencies actively participate in cross-border enforcement actions and work with international partners. Recently, the joint probe by the ED and the US Department of Justice (DOJ), has led to the dismantling of a sprawling narcotics network that laundered more than USD150 million through cryptocurrency and dark-web marketplaces. The ED had launched the probe upon a request from the DOJ in 2022 under the India–US MLAT, focusing on the organisation’s financial networks, and obtained key financial records uncovering transfers through a digi - tal payment service provider. Recently, the Delhi High Court, in JK Tyre v ED , quashed a freezing action that was initiated by the ED at the request from the govern - ment of Brazil, on the ground that the said request was withdrawn by the government of Brazil. 1.5 Corporate and Personal Liability There is no vicarious liability under the BNS. However, special statutes such as the Drugs and Cosmetics Act, 1940, Food Safety and Standards Act, 2006, Pre - vention of Corruption Act, 1988 (PCA), and Negotiable Instruments Act, 1881, specifically provide for vicari - ous liability.
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