Transcript Overview of CBI - Press Information Bureau

International Cooperation
in Criminal Matters and
Cooperation between CBI
and State Governments
Rakesh Aggarwal
DIG, CBI
New Delhi
Why International Cooperation
• World is becoming a Global village
– Faster mobility
– Integration of economies
– Wire transfers
– International tourists
• Global tenders
• Immigrant population
• International gangs, terrorism, etc.
Principles of International
Cooperation
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Sovereignty
Supremacy of domestic laws
Dual criminality
Ordinary criminal law
Legal arrangements, reciprocity
Respect for Human Rights
Restrictions against capital punishment
Types of
International
Cooperation
INTERPOL
Enquiries, Look Out
Notices, RCNs
(Non-evidentiary)
BILATERAL
Formal Investigation
Through Letters
Rogatory
EXTRADITION
Extradition Request
through MEA
INTERPOL
• Largest International association of Police Organizations
• 187 member countries, each represented by a National
Central Bureau (NCB), Head Quarter at Lyon, France
• No police powers, IT IS NOT A POLICE
• NCB-India is part of CBI, Director CBI is head of NCBIndia. NCBs are single points of contacts for a country
• All NCBs connected on 24X7 basis through a secure
channel, all enquiries sent through this channel
INTERPOL (CONTD.)
• NCB-India coordinates with State Police through Interpol
liaison Officers (generally ADG/IG Crime of State police)
• All requests executed as per domestic law of the
requested country and on basis of voluntary cooperation
• Requests have to be based on ordinary criminal law and
should not be political
• Interpol has various databases, the most important being
that of Red Notices
Red Notice (RCN)
• Red Notice is a Look Out Notice to member countries of
the Interpol that a person is wanted for a Crime
• Conditions:
– Request can be made only by NCB-India
– Person should be wanted for an ordinary serious crime
(extraditable offence)
– The offence should not be of political, racial or military nature
– An open-dated arrest warrant
– Identity particulars
• Arresting a person after he is located is not mandatory in
all countries; executed as per domestic law
Investigations Abroad
• Legal framework:
– Section 166 A CrPC for outgoing requests
– Section 166 B CrPC for incoming requests
• India has Mutual Legal Assistance Treaties (MLAT) with
a number of countries
• In absence of MLAT, assurance of reciprocity forms the
basis for cooperation
• MHA is the nodal authority; CBI is coordinating authority
for incoming requests
• Letters Rogatory (Letter of request) is issued by Judicial
magistrate to the competent authority in requested state
Investigations Abroad- Contd.
• Letters Rogatary are executed for only ordinary crimes
on principles of sovereignty and dual criminality and
supremacy of domestic laws
• What evidence is to gathered has to be specified
• Police officers of one country do not have any police
powers in another country
• Police officers of requesting country can visit the
requested country for assistance only, subject to
approval of requested country
• Problems: Delays, examination of witnesses during trial
(video conferencing)
Extradition
• Extradition means transfer of an offender from one
country to another
• Legal Framework: Indian Extradition Act, 1962 and
Extradition Treaties
• Ministry of External Affairs is the nodal ministry
• Extradition possible, even without an Extradition Treaty
on the basis of Assurance of Reciprocity
• Before an Extradition Request can be sent, the person
has to be located (through RCN or otherwise)
Extradition- (Contd.)
• Extradition Request has to be issued by the competent
court. It contains the allegations against the accused and
the evidence which supports such allegations
• Generally extradition is for the purpose of trial and not for
investigation, i.e. charge-sheet should have been
submitted in court
• Own nationals are generally not extradited, they are tried
by the native country by importing evidence
• Law of specificity: A person can be tried for only the
offence for which he has been extradited
• Problems: A mini trial in requested country, delays
Cooperation between CBI and
States
• NCB-India for enquiries, investigations
• Formal and informal channels for searches, arrest
warrants, apprehension of proclaimed offenders, security
• Annual conferences: Anti-corruption conference, Interpol
Liaison Officers’ Conference
• CBI is nodal agency for database on missing children,
FICN, human trafficking
• Knowledge management in transferred investigations