India and Nepal have finalised the Agreement on Mutual Legal Assistance (MLA) in Criminal Matters | Current Affairs | Vision IAS
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India and Nepal also have decided to expedite the revision of their 1953 Extradition Treaty, which is seen as outdated.

  • In the absence of an updated Extradition Treaty, legal and administrative challenges have hindered smooth transfer of criminals between India and Nepal.

About Extradition

  • Definition: An extradition is the surrender by one State to another of a person desired to be dealt with for crimes which he has been accused of or convicted for and which are justifiable in the courts of the other states
    • The Ministry of External Affairs (MEA) is the central authority.

About India-Nepal Mutual Legal Assistance (MLA) Agreement

  • Mutual legal assistance (MLA) in criminal matters: It help countries request evidence, share intelligence, and support investigations. India has signed such treaties with 42 countries including the U.S. (2005), Israel (2015), etc.
    • The Ministry of Home Affairs is the central authority.
  • Benefit of the Agreement: Itwill formalize and standardize procedures for cooperation in criminal matters. 
    • The officials will have a clear legal mandate to share evidence and information. This leads to faster investigations and prosecutions.

What were the Challenges Faced in the Absence of MLA Agreement

  • Open Border Exploitation: India & Nepal share an open border (1,751 km) & Groups like the Indian Mujahideen used Nepal as a transit or hideout route, with operatives fleeing India via Nepal to third countries.
  • Criminal Safe Havens: Nepal until now has been the only neighboring country (aside from Bhutan) without an MLA with India, which inadvertently made it attractive to criminals as a safe haven
    • E.g., Nepal has occasionally arrested Pakistani nationals involved in fake Indian currency rackets.
  • Reciprocity Uncertainty: Without a binding treaty, cooperation often relied on assurances of reciprocity and there were no guarantees.
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