Answer By law4u team
India has actively engaged in bilateral cooperation to bring fugitive offenders to justice. Extradition is governed by the Extradition Act, 1962, and India has entered into both extradition treaties and extradition arrangements with various countries. A treaty is a formal, ratified agreement between two nations, while an arrangement is an informal or case-specific understanding. These enable India to request the surrender of criminals residing abroad and vice versa.
Steps to Know How Many Countries Have Extradition Agreements with India:
Visit the official website of the Ministry of External Affairs (MEA), Government of India.
Navigate to the ‘Extradition’ section under the Legal and Treaties Division.
Access the list of countries with extradition treaties and countries with extradition arrangements.
As of current data (subject to update), the following is the breakdown:
Extradition Treaties: India has signed extradition treaties with 50 countries.
Extradition Arrangements: India has entered into extradition arrangements with 11 countries.
Combined, India has extradition agreements with 61 countries globally.
Legal Actions and Protections:
Extradition Act, 1962: Governs both treaties and arrangements, providing the procedure and safeguards.
Treaty-Based Extradition: Obligatory in nature; both countries must follow defined procedures.
Arrangement-Based Extradition: Discretionary and may require additional diplomatic negotiation.
Human Rights Safeguards: India does not extradite if the accused may face the death penalty, torture, or unfair trial without proper assurances.
Judicial Review: Courts in India or the requested country ensure the legality and fairness of the extradition.
Example:
Suppose a fugitive accused of terrorism in India is hiding in the UAE. Since India and UAE have a formal extradition treaty:
Steps followed:
Indian authorities prepare an extradition request with full legal documentation.
The request is routed through diplomatic channels to UAE under the treaty.
UAE law enforcement arrests the fugitive based on the request.
After judicial and governmental review in UAE, the accused is extradited to India.
On arrival, Indian agencies take custody and proceed with the prosecution as per Indian laws.
In contrast, if the fugitive is in a country with only an extradition arrangement, India may still request extradition, but the process may take longer and depend on the discretion of that country's government.
