"इंटरपोल आणि रेड कॉर्नर नोटीस - International Cooperation"
Interpol notices, Red Corner Notice procedures, extradition, Mutual Legal Assistance Treaties (MLAT), and international cyber crime cooperation mechanisms.
| Aspect | Details |
|---|---|
| Full Name | International Criminal Police Organization (ICPO-INTERPOL) |
| Headquarters | Lyon, France |
| Member Countries | 195 countries |
| India Membership | Since 1949 |
| India NCB | CBI (Central Bureau of Investigation) |
| NCB Head | Director, CBI |
| Cyber Crime Unit | INTERPOL Cyber Crime Directorate |
National Central Bureau (NCB):
- Located within CBI Headquarters, New Delhi
- Liaison between Indian police and Interpol
- Processes all Interpol notice requests
Functions:
1. Issue/receive Interpol notices
2. Process extradition requests
3. Facilitate international investigations
4. Share criminal intelligence
5. Coordinate with state police forces
Contact:
- CBI Headquarters, New Delhi
- State police requests routed through CBI
Seek arrest and extradition of wanted person. Most serious; quasi-arrest warrant.
Collect additional information about person's identity, location, or activities.
Warning about person who has committed criminal offences and likely to repeat.
Locate missing person, often minors, or identify persons unable to identify themselves.
Seek information on unidentified bodies (human remains).
Warning about event, person, object, or process representing imminent threat.
Information about modus operandi, objects, devices, concealment methods used by criminals.
INTERPOL-United Nations Security Council Special Notice:
- Issued for groups/individuals subject to UN sanctions
- Includes terrorists, terror organizations
- Asset freeze, travel ban implications
Interpol Diffusion:
- Less formal than Notice
- Sent directly to specific countries
- Faster processing
- Used when Notice criteria not fully met
| Aspect | Details |
|---|---|
| Purpose | Seek location and provisional arrest for extradition |
| Legal Effect | Not an arrest warrant; request to member countries |
| Basis | Valid national arrest warrant or court order |
| Minimum Sentence | Typically 2 years imprisonment |
| Validity | Valid until withdrawn or person located |
| Database | INTERPOL's I-24/7 secure network |
| Public Access | Some published on interpol.int website |
Step 1: State Police Preparation
- FIR registered
- Arrest warrant issued by court
- LOC (Lookout Circular) issued
- Complete case file prepared
Step 2: State to CBI
- Request through State DGP to CBI
- Prescribed proforma with case details
- Personal details, photographs, fingerprints
- Last known location/country
Step 3: CBI/NCB Processing
- Verification of documents
- MEA clearance if required
- Submission to Interpol General Secretariat
Step 4: Interpol Review
- Commission for Control of Files (CCF) review
- Compliance with Interpol rules
- Publication if approved
| Aspect | Details |
|---|---|
| Indian Law | Extradition Act, 1962 |
| Competent Authority | Ministry of External Affairs (MEA) |
| Treaty Countries | ~50 countries have treaty with India |
| Non-Treaty | Possible on reciprocity basis |
| Political Offence | Exception - no extradition for political offences |
| Double Jeopardy | Cannot extradite if already tried for same offence |
India Requesting Extradition:
1. State Police → CBI → MEA
2. MEA sends request to foreign country
3. Foreign court proceedings
4. If approved, person surrendered
5. Escort team brings person to India
Major Treaties:
- USA (1997), UK (1992), UAE (1999)
- Canada, Australia, Germany, France
Non-Treaty Countries:
- Request through diplomatic channels
- Based on reciprocity
- Case-by-case basis
Cyber Crime Specifics:
- IT Act offences generally extraditable
- Dual criminality requirement
- Evidence sharing through MLAT
| Aspect | Details |
|---|---|
| Purpose | Formal evidence gathering from foreign countries |
| Central Authority | Ministry of Home Affairs (MHA) |
| Countries | India has MLATs with ~45 countries |
| Timeline | 6 months to 2 years typical |
| Scope | Evidence, witness statements, asset tracing |
| Alternative | Letters Rogatory through courts |
For Cyber Crime Evidence:
1. IO prepares MLAT request
2. Through State Home → MHA
3. MHA sends to foreign Central Authority
4. Foreign country executes request
5. Evidence transmitted back through channels
Common Requests:
- IP address subscriber information
- Email/social media account data
- Server logs and records
- Bank account details
- Witness statements abroad
Challenges:
- Very time consuming (months/years)
- Different legal standards
- Data localization issues
- Platform cooperation varies
What is CCF:
- Independent body within Interpol
- Reviews compliance of Interpol data with rules
- Handles complaints from individuals
Grounds for Challenge:
1. Notice based on political/religious persecution
2. Violation of Interpol Constitution Article 3
3. Insufficient evidence/charges
4. Case concluded/acquittal obtained
5. Procedural violations
Procedure:
- Written request to CCF
- Through Interpol website or mail
- Detailed grounds with documents
- CCF decision is final within Interpol
Before RCN Issued:
- Approach issuing court for quashing warrant
- Anticipatory bail application
- Challenge FIR/charges
After RCN Issued:
- Apply to CCF for deletion
- Challenge underlying case in India
- Approach High Court under Article 226
- Negotiate surrender with protection
If Detained Abroad:
- Engage local counsel immediately
- Contact Indian Embassy
- Challenge extradition proceedings
- Apply for asylum if persecution ground exists
Key Case:
- Samirbhai Vinubhai Patel (2015) - SC on RCN procedures
Convention on Cybercrime (Budapest Convention):
- First international treaty on cyber crime
- Harmonizes national laws
- Facilitates international cooperation
- India is NOT a signatory (as of 2024)
Key Provisions:
- Substantive criminal law harmonization
- Procedural law provisions
- 24/7 network for urgent requests
- Mutual assistance provisions
Implications for India:
- Bilateral arrangements instead
- MLAT route for evidence
- Direct requests to platforms
Law Enforcement Request Portals:
- Google: lers.google.com
- Facebook/Meta: facebook.com/records
- Microsoft: mslegalsupport.com
- Twitter/X: Legal request portal
Types of Requests:
1. Preservation Request (90 days hold)
2. Emergency Disclosure Request
3. Legal Process Request (with court order)
Maharashtra Cyber Experience:
- Direct coordination with platforms
- Faster than MLAT for basic data
- Content data still requires legal process
- I4C coordination for complex cases