What is INTERPOL ? How it functions ?
The word "INTERPOL" is a radio-telegraph code for the International Criminal Police Organization. It has 188 member countries who have agreed to ensure and promote the possible assistance between all criminal police authorities in prevention and suppression of crimes. INTERPOL's headquarter is in Lyon, France.
National Control Bureau (INTERPOL), India and CBI :
National Control Bureau (INTERPOL), India works as INTERPOL-wing of the CBI (Central Bureau of Investigation of India). The Director CBI is the ex-officio head of the INTERPOL-wing in India. It works under the immediate control of an officer of the rank of the Superintendent of Police.
All correspondence with General Secretariat of INTERPOL at Lyon,France is done through the Interpol-wing of CBI at New-Delhi. All state police forces and other investigating agencies have a link through Interpol-wing of the CBI in New- Delhi to their counterparts in member- countries to assist in criminal investigation.
Interpol Liaison Officers of state/ union-territories and other agencies obtains and transmits the information to the General Secretariat of Interpol and respective National Control Bureau through Interpol wing of the CBI. Liaison Officers are of the rank of the addl. Director General of Police, Inspector General, Deputy Inspector General of Police in all states/ union territories of the CID wing and communicate with Interpol wing of the CBI to exchange information.
How Interpol wing of the CBI functions ?
Arrest of Foreigners in India :
Whenever a foreigner is arrested in India for violation of Indian Laws, procedure of arrest in India is followed as described in earlier posts and immediately particulars of the arrested foreigner are sent to the Interpol wing at New Delhi to check his true identity and criminal antecedents.
When a request/ notice is received in India for arrest of a foreigner in India. Request is processed Interpol wing at New Delhi and police authorities are requested to locate and arrest the wanted person only when arrest is permissible under Indian law. In such case, arrests are made u/s 41(1)(g) of the Criminal Procedure Code.
Arrest of Indians abroad :
Whenever Interpol wing of CBI receives information regarding arrest of an Indian abroad, character and antecedents of the arrested person are verified through the National Crime Record Bureau of India and state authorities. After verification, information is being sent to the General Secretariat and concerned foreign National Central Bureau by the Interpol wing of CBI.
Investigation abroad and provisions of law :
Letter of request to competent authority for investigation in a country or place outside India : Any criminal court may issue a letter of request to a court or an authority in that country competent to deal with such request which will be sent as Central Government will specify. Each recorded statement or document received will be treated as evidence in the case.This procedure is followed u/s 166A of the Criminal Procedure Code of India.
Letter of request from a country or place outside India to a court or an authority for investigation in India : When a letter of request is received from a country for examination of a person or for production of document, Central Government may forward such letter to a judicial magistrate for the needful or may depute a police officer for investigation.Central Government may forward report of the magistrate or police officer to the authority which has issued that request letter This procedure is followed u/s 166B of the Criminal Procedure Code.
The International police cooperation cell of the CBI is the designated agency for routing requests of informal inquiry.Whenever it is necessary to a team for investigation to that country, it will be sent only after getting permission from that country and sent team will not enjoy the powers of a police officer in that country.
What is extradition ?
Extradition can be described as surrender of an alleged or convicted person from one country to another country. When accused available in other country is to be arrested and to be produced in a court in India, action can be taken through extradition process and not through letter of request. The extradition request can be made after the charge sheet has been filed in the court and court has taken cognizance of the case. State Home department will send a request to the CBI which will be sent through Ministry of External Affairs.
The Extradition Act, 1962 :
As per provisions of the Extradition Act, 1962, the extradition of a fugitive criminal from India to another country or from another country to India. Extradition extends to the countries with extradition treaty has been made by the central government.
As per section 3 of the act, the government of India extends the provisions of the act to that country by notification.
As per section 4, requisition for surrender of the criminal is made through diplomatic representative of the foreign state.
As per section 34B of the act, provisional arrest can be made of the fugitive criminal.
India has signed extradition treaties with following countries :
1) Belgium 15) Turkey
2) Bhutan 16) Germany
3) Canada 17) Tunisia
4) Hongkong 18) Oman
5) Nepal 19) France
6) Netherlands 20) Poland
7) Russia 21) Korea
8) Switzerland 22) Bahrain
9) UAE 23) Bulgaria
10) UK 24) Ukraine
11) USA 25) South Africa
12) Uzbekistan 26) Belarus
13) Spain 27) Kuwait
14) Mogolia 28) Maurituis
India has extradition arrangements with following countries :
1) Australia 6) Srilanka
2) Fiji 7) Tanzania
3) Italy 8) Thailand
4) Papua New Guinea 9) Prtugal
5) Singapore 10) Sweden
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