India–Nepal Criminal Cooperation: Extradition, MLAT & Cross-Border Justice Enhancements -

India and Nepal, bound by deep-rooted historical, cultural, and socio-economic ties, have continued to evolve their bilateral relationship to address shared concerns in today’s complex global landscape. Among the most significant of these concerns is cross-border crime. From human trafficking and terrorism to narcotics smuggling and cybercrime, the open border between India and Nepal while beneficial for trade and people-to-people exchange has also been exploited for criminal activities. In response, both nations have strengthened cooperation in criminal justice and mutual legal assistance through a series of agreements and coordinated efforts.

Historical Context of Legal Cooperation

The Treaty of Peace and Friendship of 1950 between India and Nepal laid the foundational framework for cooperation, including security and legal matters. While the treaty itself did not directly address criminal cooperation, it enabled both countries to build on mutual trust. Over time, the need for formal collaboration in criminal matters became evident due to the misuse of the porous border for illegal trade, movement of criminals, and other security threats.

Key Bilateral Agreements on Criminal Matters

1. Extradition Treaty (1953, updated in 2019)

India and Nepal originally signed an Extradition Treaty in 1953, which was later revised and modernized in October 2019. The updated version expands the list of extraditable offences and brings clarity on procedural safeguards.

Key features:

Covers a wide range of crimes including terrorism, drug trafficking, financial crimes, and organized crime.
Both countries agree not to extradite individuals for political or military offences.
Ensures protection of rights of the accused, including judicial review.
Enables temporary surrender for prosecution in complex cases.

The 2019 revision came after several high-profile fugitives and terror suspects were found to be using Nepal as a transit or refuge point.

2. Mutual Legal Assistance Treaty (MLAT) – Under Negotiation

India has proposed a Mutual Legal Assistance Treaty (MLAT) with Nepal to formalize the sharing of information, evidence, and documents in criminal investigations. Though not yet concluded, both countries have expressed willingness to expedite negotiations, particularly to:

Enable transborder investigations.
Assist in freezing and confiscation of criminal proceeds.
Support cooperation in cybercrime and financial frauds.

India has signed MLATs with several countries including the US, UK, and Australia, and a treaty with Nepal is seen as essential for tackling sophisticated crimes with cross-border dimensions.

Operational Cooperation Beyond Treaties

In addition to formal agreements, institutional collaboration between law enforcement agencies of India and Nepal has played a key role in tackling crime.

1. Joint Working Groups (JWGs):

JWGs on border management meet regularly to share intelligence, coordinate arrests, and monitor suspicious activity along the border.

2. Police Cooperation and Liaison:

The India-Nepal Police Chiefs’ Dialogue facilitates high-level coordination and training exchanges. Cases of fugitives hiding across the border are regularly resolved through informal cooperation mechanisms.

3. Border District Coordination:

Police officers from adjacent Indian and Nepalese districts hold flag meetings to deal with local disputes, smuggling, or cross-border abductions.

Recent Notable Cases

Terror Suspects: Several operatives linked with Lashkar-e-Taiba and Indian Mujahideen have been apprehended in Nepal and handed over to Indian agencies.
Economic Offenders: In 2022, Indian fugitive Amit Bhardwaj, accused in a major cryptocurrency scam, was located in Kathmandu and repatriated with Nepal’s assistance.
Human Trafficking Networks: Joint operations have successfully dismantled child trafficking rings exploiting the border.

Challenges in Implementation

Despite progress, several issues hinder seamless cooperation:

Absence of a formal MLAT limits evidence-sharing in courts.
Jurisdictional delays in extradition and judicial approvals.
Lack of real-time data-sharing platforms.
Political sensitivity in certain high-profile cases where the accused seek asylum or refuge.

The Road Ahead: Strengthening Bilateral Legal Ties

India and Nepal recognize the need for a robust legal and institutional framework to keep pace with evolving criminal tactics. The path forward includes:

Finalizing the MLAT and digital data-sharing protocols.
Establishing dedicated liaison officers between enforcement agencies.
Enhancing judicial and prosecutorial cooperation.
Promoting capacity building and cyber forensic training.

The Indian Ministry of Home Affairs and Nepal’s Ministry of Home Affairs have also proposed working on a joint digital crime mapping platform to monitor cross-border incidents.

Conclusion

India–Nepal cooperation on criminal matters is not merely a bilateral necessity but a regional security imperative. In an age where crime transcends borders, the ability of nations to work together defines their internal security and global standing. By deepening their extradition frameworks, operational coordination, and mutual trust, India and Nepal are setting a precedent for democratic partnerships rooted in rule of law and shared security goals.

As both countries work to finalize pending treaties and expand cooperative frameworks, the future of India–Nepal legal cooperation appears not only promising but essential.

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