• Mutual Legal Assistance - Request by India to UK

I am based in the UK and I have received a letter from the International Assistance Unit of the UK Police saying they have been asked by the Authorities in India via the UK Home Office, to provide me with court documentation in relation to a court hearing in India on 27th May.

I believe this is under Mutual Legal Assistance (MLA).

On the phone he said the GOI require information from me regarding an individual that India want to extradite. The police need to deliver the documents to me in person and I need to provide ID and sign a receipt. He said that under UK law, as a British citizen, I am not obliged to comply with the process and I can refuse to accept the documents or accept them and not take any action. He said I should take legal advice as to the consequences of failing to comply under Indian law.

My concern is that I travel to India often, and I am worried that if I refuse to accept the documents, there may be consequences when I next go to India e.g. contempt of court, fines, arrest, prison term. Can you advise on this?
Asked 7 months ago in Criminal Law
Religion: Hindu

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8 Answers

You’re not under any UK legal obligation to do anything, but from an Indian legal standpoint, especially given your travel plans, it would be unwise to ignore the documents without legal review. Given your frequent travel to India, you should not ignore this notice even if you’re not legally compelled to respond under UK law.

It’s best to engage legal counsel in India immediately to protect yourself from any unexpected consequences during future visits And if you accept the documents have them reviewed by an Indian lawyer to ascertain the magnitude of the situation.

 

Siddharth Jain, Advocate

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you do not accept the summons, this will be treated as wilful non-compliance by the Indian court and the court In all likelihood will issue warrants against you due to which you can be Arrested and produced to court when you enter India.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You should provide assistance sought by Indian authorities 

 

accept the documents give receipt 

 

if you have any information submit the same 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

Nirav modi is wanted fugitive 

 

you would not be sentenced to imprisonment fir refusing to accept the documents 

 

However you must cooperate with investigation 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

There's no contempt of court if you refuse to accept the documents.

You were informed that under UK law you are not obligated to comply with the process.

If this something related to any court proceedings but in the absence of any look out circular you will not be stopped at airport nor anyone will come to know about your visit to India if you are taken into custody at airport.

You can visit India without informing anyone about your visit and return immediately.

It is always better to know about the case that has been instituted against you to protect your interests.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If you are not implicated as an accused in the ongoing proceedings then you need not be worried about it.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

There will be exparte order in India if you dint act. Yes you can’t be touched in uk but if there is court order you will face difficultly in India 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Under UK law, you're not legally obliged to accept or act on Mutual Legal Assistance (MLA) documents if you're a British citizen. However, India may treat non-compliance as contempt of court, especially if you are named as a witness or have been summoned officially in relation to a sensitive extradition matter (like the Nirav Modi case).

If you refuse or ignore the documents, possible risks when visiting India could include:

  • Being summoned by Indian courts

  • Risk of non-bailable warrant if a court considers you deliberately evaded

  • Possible arrest, detention, or travel restrictions within India

Recommendation: Accept the documents for transparency and consult an Indian legal expert before travel. Cooperating (even minimally) may reduce legal risk during future visits to India.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

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