14.8.1 INTERPOL - Introduction
INTERPOL (International Criminal Police Organization) is the world's largest international police organization with 195 member countries. It facilitates cross-border police cooperation.
INTERPOL Basics
- Full Name: International Criminal Police Organization
- Established: 1923 (as ICPC), 1956 (current form)
- Headquarters: Lyon, France
- Members: 195 countries
- India Joined: 1949
INTERPOL Structure
- General Assembly: Supreme governing body, meets annually
- Executive Committee: 13 members elected by Assembly
- General Secretariat: Day-to-day operations from Lyon
- NCBs: National Central Bureau in each member country
India NCB
India's NCB for INTERPOL is housed in the CBI (Central Bureau of Investigation), New Delhi. All INTERPOL communications go through CBI.
14.8.2 INTERPOL Notice Types
INTERPOL issues color-coded notices, each serving a specific purpose:
Red Notice
- Purpose: To seek location and arrest of wanted persons with a view to extradition
- Effect: Closest to international arrest warrant (but not a warrant itself)
- Issued For: Serious crimes - murder, fraud, terrorism, cyber terrorism
- Action: Member countries may arrest and hold person
Blue Notice
- Purpose: To collect additional information about a person's identity or activities
- Effect: Information gathering, not arrest
- Issued For: When identity or location needs verification
- Action: Information sharing between countries
Green Notice
- Purpose: Warning about person's criminal activities if they pose a threat
- Effect: Alert to watch for the person
- Issued For: Habitual criminals, repeat offenders
- Action: Monitoring and surveillance
Yellow Notice
- Purpose: To locate missing persons, especially minors
- Effect: Alert to locate and report
- Issued For: Missing children, persons unable to identify themselves
- Action: Locate and report to requesting country
Orange Notice
- Purpose: Warning about event, person, object, or process posing imminent threat
- Effect: Security alert
- Issued For: Bomb threats, suspicious packages, terror alerts
- Action: Take preventive security measures
Purple Notice
- Purpose: Information about modus operandi, objects, devices used by criminals
- Effect: Knowledge sharing
- Issued For: New crime techniques, malware, hacking tools
- Action: Update prevention and detection methods
Black Notice (INTERPOL-UN)
- Purpose: To seek information on unidentified bodies
- Effect: Identification assistance
- Issued For: Unidentified deceased persons
- Action: Share information for identification
Notice Summary Table
| Notice | Color | Purpose |
|---|---|---|
| Red | RED | Arrest for extradition |
| Blue | BLUE | Information gathering |
| Green | GREEN | Warning about criminals |
| Yellow | YELLOW | Missing persons |
| Orange | ORANGE | Threat warning |
| Purple | PURPLE | Modus operandi info |
| Black | BLACK | Unidentified bodies |
14.8.3 Red Corner Notice - Detailed
Red Corner Notice Process
- Step 1: Investigating agency files case and obtains arrest warrant
- Step 2: Request sent to NCB (CBI in India) with documents
- Step 3: CBI reviews and forwards to INTERPOL General Secretariat
- Step 4: INTERPOL reviews and publishes if criteria met
- Step 5: Notice circulated to all 195 member countries
RCN Requirements
- Valid Warrant: Arrest warrant from competent court
- Serious Offence: Minimum 2 years imprisonment
- Not Political: Cannot be political, military, religious, racial
- Details: Complete identity details, photographs, fingerprints
- Extradition Intent: Requesting country must seek extradition
Not an Arrest Warrant
Red Corner Notice is NOT an international arrest warrant. Member countries are requested but not obligated to arrest. Each country follows its own laws.
Challenging Red Corner Notice
A person can challenge RCN through:
- CCF: Commission for Control of INTERPOL's Files
- Grounds: Political persecution, lack of evidence, procedural violations
- Process: Written application with supporting documents
- Outcome: CCF can recommend deletion or retention
14.8.4 MLAT - Mutual Legal Assistance Treaty
What is MLAT?
MLAT is a bilateral or multilateral treaty between countries to assist in criminal investigations and prosecutions.
India's MLATs
- Bilateral: Treaties with specific countries (USA, UK, UAE, etc.)
- Multilateral: Through conventions (UNCAC, UNTOC)
- Central Authority: Ministry of Home Affairs is Central Authority
MLAT Assistance Types
| Type | Description |
|---|---|
| Evidence Collection | Obtaining statements, documents, records |
| Service of Documents | Serving summons, notices abroad |
| Search and Seizure | Executing searches in foreign country |
| Asset Recovery | Tracing and recovering proceeds of crime |
| Witness Examination | Examining witnesses abroad |
| Transfer of Prisoners | For giving evidence |
MLAT Process for Cyber Crime
- Step 1: Indian agency prepares Letter Rogatory
- Step 2: Court approves LR
- Step 3: Sent through MHA to foreign Central Authority
- Step 4: Foreign country executes request
- Step 5: Evidence/information returned through same channel
Direct Requests to Companies
For US tech companies (Google, Meta, etc.), India can also use CLOUD Act agreements or company compliance channels for certain data requests.
14.8.5 Extradition
Extradition Act, 1962
Extradition in India is governed by the Extradition Act, 1962.
Extradition Requirements
- Treaty: Extradition treaty with requesting country (or reciprocity)
- Extraditable Offence: Crime punishable in both countries
- Dual Criminality: Offence must be crime in both countries
- No Political Offence: Political offences excluded
- Prima Facie Case: Sufficient evidence of guilt
Extradition Process
- Step 1: Request through diplomatic channel
- Step 2: MEA forwards to MHA
- Step 3: Person arrested and produced before Magistrate
- Step 4: Magistrate conducts inquiry
- Step 5: High Court review (if ordered)
- Step 6: Central Government final decision
- Step 7: Surrender to requesting country
Famous Extradition Cases (Cyber/Financial)
| Person | From | To | Status |
|---|---|---|---|
| Vijay Mallya | UK | India | Extradition ordered |
| Nirav Modi | UK | India | Extradition ordered |
| Abu Salem | Portugal | India | Extradited |
| Kim Dotcom | NZ | USA | Ongoing (cyber crime) |
14.8.6 International Cyber Crime Cooperation
Budapest Convention
- Full Name: Convention on Cybercrime (2001)
- Purpose: Harmonize cyber crime laws, cooperation framework
- India Status: Not a signatory (as of 2024)
- Members: 60+ countries including US, EU members
24/7 Network
INTERPOL and G7 maintain 24/7 contact networks for urgent cyber crime assistance.
Direct Company Cooperation
For faster responses, India can directly approach:
- Google: Legal Investigations Support
- Meta: Law Enforcement Response Team
- Microsoft: Digital Crimes Unit
- Twitter/X: Legal Request Portal
Emergency Requests
For life-threatening emergencies, most tech companies provide expedited response within hours. Regular MLAT requests can take months.
Key Takeaways
- INTERPOL: 195 member countries, HQ in Lyon, India NCB is CBI
- Red Notice: For arrest and extradition, not arrest warrant itself
- Blue Notice: Information gathering about person
- Purple Notice: Modus operandi info (useful for cyber crime)
- MLAT: Treaty-based assistance, goes through MHA
- Extradition: Governed by Extradition Act, 1962, needs treaty