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India and Nepal have recently finalised a Mutual Legal Assistance (MLA) Agreement in Criminal Matters, marking a significant step in strengthening bilateral security cooperation. The pact is designed to enhance cross-border collaboration in criminal investigations, evidence sharing, and law enforcement.

Mutual Legal Assistance (MLA) in Criminal Matters

• Definition: A bilateral or multilateral treaty that provides a structured framework for cooperation between countries to combat transnational crimes such as terrorism, human trafficking, smuggling, cybercrime, and financial fraud.
• Legal Nature:
  • MLAT countries: Legally binding and based on reciprocity.
  • Non-MLAT countries: Cooperation remains discretionary.
• India’s Practice:
  • Central Authority: Ministry of Home Affairs (MHA), assisted by the Ministry of External Affairs (MEA) when routed through diplomatic channels.
  • Existing Network: India has signed MLA treaties with 42 countries (as of November 2019), including the USA (2005), UK (1995), and France (2005).
• Significance for Nepal: Until now, Nepal (along with Bhutan) was the only neighbouring country without such a pact with India, which inadvertently made it a safe haven for criminals.

Extradition Treaty with Nepal

• Current Treaty: India and Nepal are working to revise their outdated 1953 Extradition Treaty.
• Objective of Revision: To overcome legal and administrative hurdles that delay or prevent the extradition of fugitives involved in organised crime and terrorism.

Strategic Importance

• Enhances border management and security cooperation between the two countries.
• Prevents misuse of the open India–Nepal border by criminals and extremists.
• Strengthens India’s regional security framework and supports its fight against transnational crime.