The military offence exception is a recognized principle in extradition law that allows a country to refuse extradition requests concerning offenses that are purely military in nature. This exception respects the jurisdiction and disciplinary authority of armed forces within their own country.
The military offence exception provides that extradition will not be granted for offenses that are strictly military crimes, which are typically punishable under military law rather than civilian criminal law.
Common examples include desertion, insubordination, mutiny, espionage within the military, refusal to obey lawful orders, and conduct prejudicial to military discipline.
These are generally offenses that relate to the internal governance and discipline of armed forces.
Crimes committed by military personnel that are also crimes under ordinary criminal law, such as murder or theft, are usually not covered by this exception and can be subject to extradition.
The Indian Extradition Act, 1962 recognizes the military offence exception as a valid ground for refusal of extradition.
Indian courts examine the nature of the offense to determine whether it is purely military or also a common crime.
Most extradition treaties include clauses exempting purely military offenses from the scope of extradition.
This helps maintain the balance between respecting military discipline and ensuring accountability for common crimes.
If a country receives an extradition request for a military offense, it may refuse the request and expect the offense to be dealt with by the military justice system of the requesting country.
If a soldier is accused of desertion from the armed forces and extradition is sought, India may refuse extradition under the military offence exception, directing that the individual be tried under military law rather than civilian courts abroad.
Answer By Law4u Team
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