- 06-Nov-2025
- public international law
Extradition offences under Indian law refer to crimes for which a person can be legally surrendered to another country upon request. These offences are governed by the Extradition Act, 1962 and depend heavily on international treaties and the principle of dual criminality—meaning the alleged crime must be punishable in both India and the requesting country.
The offence must be recognized as a crime under both Indian law and the requesting country’s law.
It ensures that India does not extradite persons for acts that are not offences domestically.
Typically, only serious crimes punishable by imprisonment of at least one year or more qualify for extradition.
Minor offences or purely political offences are generally excluded.
Political offences or those related solely to military service are generally excluded from extradition requests.
The Extradition Act, 1962: Governs the procedures and offences eligible for extradition in India.
Extradition treaties or agreements with other countries specify the list of extraditable offences.
The central government evaluates requests to ensure compliance with the Act and treaties.
Extradition offences under Indian law are serious crimes recognized by both India and the requesting country. The dual criminality principle and treaty terms guide which offences qualify, generally excluding minor, political, or purely military offences.
Case: Extradition Request for a Suspect in a Cybercrime Case
A foreign country requests India to extradite an individual accused of large-scale hacking and data theft. As these crimes are offences under the Indian IT Act and meet the criteria of serious crime and dual criminality, Indian authorities initiate extradition proceedings under the Extradition Act, 1962.
Answer By Law4u Team
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