Law4u - Made in India

Can A Person Be Extradited For Cybercrime?

Answer By law4u team

With the growing prevalence of cybercrimes globally, including hacking, identity theft, online fraud, and cyber terrorism, countries including India have incorporated such offenses into their legal and extradition frameworks. Extradition for cybercrime offenses is increasingly common as international cooperation intensifies to combat these borderless crimes.

Extradition for Cybercrime: India’s Approach

Extraditable Offense

Cybercrime offenses are recognized under the Extradition Act, 1962, and related treaties as extraditable crimes when they meet the criteria of serious offenses.

International Treaties and Agreements

India relies on bilateral and multilateral treaties that include cybercrime offenses in their extradition schedules to process such requests.

Evidence and Prima Facie Case

Requesting countries must provide sufficient evidence establishing a prima facie case of cybercrime against the accused.

No Political Offense Exception

Cybercrimes are generally treated as criminal offenses rather than political ones, making them valid grounds for extradition.

Procedure Under Indian Law

Indian authorities follow standard extradition procedures under the Extradition Act, including magistrate hearings and central government approval.

Mutual Legal Assistance

Alongside extradition, India cooperates with other countries through mutual legal assistance treaties (MLATs) to share information and evidence in cybercrime investigations.

Consumer Safety Tips (For Legal Authorities and Accused)

Ensure detailed cyber forensic evidence accompanies extradition requests.

Verify the specific cybercrime offenses align with treaty definitions.

Protect the accused’s legal rights through transparent proceedings.

Coordinate with cybercrime investigation agencies for expert assistance.

Stay updated on evolving cybercrime laws and international protocols.

Example

A person accused of orchestrating a large-scale hacking attack on financial institutions in a foreign country faces extradition from India.

Process Followed:

The foreign country submits an extradition request citing hacking and data theft offenses.

Indian authorities evaluate the request and the evidence under the Extradition Act.

A magistrate conducts a hearing to confirm prima facie evidence of cybercrime.

The central government approves the extradition, considering treaty obligations and human rights safeguards.

The accused is surrendered to the requesting country following legal procedures.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mahesh Hooda

Advocate Mahesh Hooda

Criminal, Anticipatory Bail, Family, Cheque Bounce, Cyber Crime

Get Advice
Advocate Navraj Rao

Advocate Navraj Rao

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, R.T.I, Revenue, Court Marriage

Get Advice
Advocate Tadvi Rupsing Panya

Advocate Tadvi Rupsing Panya

Cheque Bounce, Anticipatory Bail, Divorce, Criminal, Motor Accident

Get Advice
Advocate Rajendra Thombare

Advocate Rajendra Thombare

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Kapil Yadav

Advocate Kapil Yadav

Cheque Bounce,Domestic Violence,Divorce,Trademark & Copyright,Family,

Get Advice
Advocate Aneesh N S

Advocate Aneesh N S

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Cyber Crime, Divorce, Immigration, International Law, Media and Entertainment, Medical Negligence

Get Advice
Advocate Abdul Gofur Barbhuiya

Advocate Abdul Gofur Barbhuiya

Anticipatory Bail,Cheque Bounce,Domestic Violence,Family,Motor Accident,

Get Advice
Advocate Ujjwal Kant

Advocate Ujjwal Kant

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.