- 15-Oct-2025
- public international law
When a foreign country requests extradition of a person residing in India, the Indian authorities may take the person into custody to ensure their availability during the extradition process. This detention is known as custody pending extradition order.
A custody pending extradition order refers to the detention of a person by Indian authorities during the pendency of the extradition proceedings.
The purpose is to prevent the person from fleeing or evading the extradition process.
Under Section 8 of the Indian Extradition Act, 1962, the magistrate may issue a warrant of arrest to take the person into custody.
The person is then produced before the magistrate for the extradition inquiry.
The custody continues until the extradition decision is finalized by the competent authorities.
It may involve judicial custody (in prison or police lockup) or police custody as per the court’s direction.
The detained person has the right to legal representation and to challenge the detention or extradition by filing a habeas corpus petition under Article 226 or 32 of the Constitution.
Courts ensure that detention is not arbitrary and follows due process.
The person must be informed of the grounds for detention and extradition request.
During custody, the magistrate conducts an inquiry to verify if the prima facie case for extradition exists.
If no prima facie case is found, the person may be released.
Custody pending extradition is preventive, not punitive. It does not imply guilt but ensures presence during the legal process.
Country X requests extradition of Mr. A from India for fraud charges. Upon receiving the request, the Indian magistrate issues an arrest warrant, and Mr. A is taken into custody pending extradition. Mr. A is provided legal counsel and challenges the extradition. The court holds the inquiry while Mr. A remains in custody until the final decision is made.
A custody pending extradition order is a lawful detention of a person during extradition proceedings to ensure their availability and prevent escape. Indian law provides legal safeguards to protect the rights of the detained person, balancing state interests and individual freedoms.
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