What is extradition under Indian law?

Answer By law4u team

Extradition is the legal process by which one country sends an accused or convicted person to another country for criminal prosecution or punishment. In India, extradition is governed mainly by the Extradition Act, 1962. Meaning of extradition: If a person commits a crime in one country and escapes to another country, the requesting country may seek return of that person through extradition. Main features: Usually based on extradition treaties or diplomatic arrangements between countries. Applies to serious criminal offences. The offence generally must be punishable in both countries (dual criminality principle). Procedure in India: Foreign country makes extradition request to Government of India. Indian authorities examine the request. Magistrate may conduct inquiry regarding extradition. Central Government takes final decision on surrender of the person. India may also request extradition of fugitives hiding abroad. Grounds where extradition may be refused: Political offences Risk of unfair trial Lack of sufficient evidence Human rights concerns If offence is not recognized in both countries Important authorities involved: Ministry of External Affairs Ministry of Home Affairs Courts and Magistrates International police agencies such as INTERPOL Examples of offences leading to extradition requests: Terrorism Murder Financial fraud Drug trafficking Cyber crime Economic offences Extradition helps countries cooperate in preventing international crime and bringing fugitives to justice.

Answer By Ayantika Mondal

Dear Client, Extradition under Indian law is the formal legal process by which a person accused or convicted of an offense in India but who has fled to a foreign country is surrendered by that country to India or vice versa to face criminal trial or even a sentence. This process is governed primarily by the Extradition Act of 1962 and is executed in accordance with the bilateral extradition treaties that India has signed with the respective countries. The objective is to ensure that individuals cannot escape justice by crossing international borders. The process is strictly regulated and typically involves three key phases a formal request from the requesting state a judicial inquiry by the requested state to verify the Prem of SI validity of the case and a final executive decision to surrender the individual For a request to be valid the fence must be an extradietable offense which is generally defined by the relevant treaty that is signed between the two nations. The period of act is also specified under the act of extradition that is punishable by imprisonment for a specified minimum usually, one year or more in both the requesting and requested countries that is known as the principle of dual criminality. Furthermore, India generally does not extradite for purely criminal offenses. In cases involving high profile economic offenders it is important to note that India’s ability to secure an individual depends highly on the specific terms of the treaty with the host nation and the local laws of that country which often include rigorous human rights safeguards. These safeguards allow the foreign judiciary to refuse extradition if they believe the individual will face torture, unfair trial or inhuman treatment in the requesting state. Once the extradition is granted the individual is brought to India under legal custody and is subject to domestic criminal justice system including trials under the Bhartiya Nagarik Suraksha Sahita,2023. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou