A compelling discussion on the evolving landscape of transnational criminal practice took place during Panel 6: “Criminal Law Without Borders: The New Reality for Indian Practitioners”, highlighting how Indian criminal law is rapidly expanding beyond traditional domestic investigations into a global enforcement framework. Moderated by Mr. Manavendra Mishra, Partner at Khaitan & Co., the panel examined the shift from conventional FIR-based prosecutions to a system increasingly shaped by lookout circulars, Interpol notices, extradition proceedings, and international cooperation mechanisms.
Setting the context, the moderator contrasted high-profile economic fugitives such as Nirav Modi and Vijay Mallya with earlier extradition successes like Abu Salem’s return from Portugal, illustrating how criminal enforcement now begins long before trial through cross-border monitoring and coordinated global action. Justice Gurmeet Singh Sandhawalia, Chief Justice of the High Court of Himachal Pradesh, explained that cross-border criminal law addresses offences planned in one jurisdiction and executed in another, including cyber fraud, human trafficking, and terrorism, making international cooperation in evidence sharing and mutual legal assistance indispensable. He emphasized that rapid interagency coordination has become critical, particularly in cybercrime cases where financial transactions occur across borders within seconds.
Justice Jasjit Singh Bedi of the Punjab & Haryana High Court outlined India’s operational mechanisms, explaining the role of Lookout Circulars in preventing accused persons from leaving the country and the process through which Indian authorities seek Interpol notices via the Central Bureau of Investigation, India’s Interpol nodal agency. He detailed the various Interpol notices and highlighted safeguards such as dual criminality requirements and assurances against capital punishment in extradition matters, noting that enforcement standards differ across jurisdictions.
Senior Advocate Mr. Puneet Bali discussed judicial safeguards available under Indian constitutional law, noting that writ courts retain the authority to quash Red Corner Notices or foreign warrants where personal liberty or legal protections are violated. Drawing on comparative perspectives, Mr. David Josse KC of London described the United Kingdom’s rigorous extradition framework, where human rights considerations, prison conditions, and procedural delays frequently influence outcomes. Ms. Lavanyaa Chopra emphasized the complexity of defending cross-border economic offences, where multiple domestic and foreign investigative agencies operate simultaneously, requiring coordinated legal strategy across jurisdictions. Mr. Justin Wong, Crown Prosecutor from London, observed that political considerations, human rights scrutiny, and evolving digital crime frameworks continue to create challenges, allowing certain jurisdictions to function as temporary safe havens despite international cooperation efforts.
The panel concluded that while India has significantly strengthened its intelligence-sharing and investigative capabilities, extradition challenges persist in the absence of uniform treaties and streamlined processes. Speakers agreed that modern criminal practice demands collaboration across borders, strategic coordination between defence and prosecution, and a sophisticated understanding of international legal systems. The session underscored that criminal law is no longer confined by geography, and Indian practitioners must increasingly operate within a globalized enforcement ecosystem shaped by technology, diplomacy, and international legal cooperation.