- 15-Oct-2025
- public international law
Extradition facilitates the transfer of accused persons between countries for prosecution or punishment. However, questions sometimes arise whether defects or illegality in the extradition process can taint the subsequent criminal trial, leading to claims of mistrial or abuse of process. Courts examine such claims carefully to balance sovereign rights with fair trial guarantees.
Defendants may argue that irregularities in extradition (such as illegal arrest, coercion, or violation of treaty terms) violate their right to a fair trial.
Such claims typically allege that the trial is tainted or tainted fruit of wrongful extradition, demanding dismissal or exclusion of evidence.
Traditionally, courts have held that improper or illegal methods of capture or extradition do not necessarily bar prosecution — summarized as male captus, bene detentus (wrongly captured, properly detained).
This principle means that even if the extradition or arrest was flawed, the trial may continue unless fundamental rights are breached.
Courts may refuse to try or convict if extradition violated fundamental human rights or involved torture, inhuman treatment, or serious procedural abuses.
Evidence obtained through abusive extradition may be excluded.
Some jurisdictions allow challenge to extradition as an abuse of process if it would be unjust to proceed.
Indian courts have recognized that procedural defects in extradition do not automatically lead to mistrial claims.
The Supreme Court and High Courts examine whether the extradition complied with treaty and legal requirements.
If extradition was lawful, subsequent trial proceeds regardless of capture method.
Claims related to extradition generally do not affect the merits of the trial but may influence procedural fairness aspects.
Separate remedies exist to challenge extradition itself, often before surrender.
Suppose a suspect is extradited from Country B to India through a questionable process involving non-compliance with treaty safeguards. During trial in India, the defense claims the extradition was illegal and demands dismissal on mistrial grounds.
The court examines the legality of extradition proceedings separately.
If extradition complied substantially with legal standards, the trial proceeds.
The court may exclude any evidence obtained through illegal methods, but the trial itself is not automatically dismissed.
If fundamental rights were violated, the court may stay proceedings or order remedy accordingly.
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