About
- The Supreme Court defined Extradition as the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
- The Extradition Act 1962 provides India’s legislative basis for extradition.
- The Indian Extradition Act of 1962 was substantially modified in 1993 by Act 66 of 1993.
- The CPV Division of the Ministry of External Affairs plays a pivotal role in administering the Extradition Act, managing both incoming and outgoing Extradition Requests.
States involved
- There are two states involved in extradition- the territorial state and the requesting state.
- The “territorial state” is where the accused or convict flees to escape the trial or punishment.
- On the other hand, the “requesting state” is the one where the offense is or is allegedly committed.
- The requesting state formally demands the surrender of the accused or convict through diplomatic channels and in conformity with any treaty.
How is it Implemented?
- Extradition can be initiated in the case of under-investigation, under-trial, and convicted criminals.
- In cases under investigation, abundant precautions have to be exercised by the law enforcement agency to ensure that it is in possession of prima facie evidence to sustain the allegation before the Courts of Law in the Foreign State.
The Extradition Treaty
- Section 2(d) of the Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty, Agreement, or Arrangement made by India with a foreign state relating to the extradition of fugitive criminals that extends to and is binding on India.
- Extradition treaties are traditionally bilateral in character.
- Generally, there are five principles which are followed under the treaty:
- The extradition applies only to such offences which are mentioned in the treaty.
- It applies the principle of dual criminality, which means that the offence sought to be an offence in the national laws of both the requesting and the requested country.
- The requested country must be satisfied that a prima facie case is made against the offender.
- The extradition should be made only for the offence for which extradition was requested.
- The accused must be provided with a fair trial.
- At present, India has an Extradition treaty with 43 countries and an Extradition agreement with 11 countries.
Extradition Procedure in India
- Information about the fugitive criminals wanted in foreign countries is received from the country or through Interpol.
- The Interpol wing of the CBI then passes the information to the concerned police departments.
- The information is also passed on to the immigration authorities.
- Then, action can be taken under the 1962 Act.
A few Common Bars on Extradition
- Failure to fulfill dual criminality—If the act for which the criminal’s extradition is requested is not a crime in the requested state, then the state can refuse extradition.
- Political crimes – Most nations refuse the extradition of political criminal suspects. This excludes terrorist offenses and violent crimes.
- If there is a possibility of certain forms of punishment, if the accused is likely to receive capital punishment or torture in the requesting state, the requested state can refuse extradition.
- Jurisdiction – jurisdiction over a crime can be invoked to refuse extradition.
- The absence of an extradition treaty.
