Answer By law4u team
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.
Criteria for Extradition Offences
Dual Criminality Principle
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.
Seriousness of the Crime
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.
Exclusion of Political and Military Offences
Political offences or those related solely to military service are generally excluded from extradition requests.
Common Extradition Offences Under Indian Law
- Murder and Homicide (IPC Sections 302, 304)
- Kidnapping and Abduction (IPC Sections 363-373)
- Rape and Sexual Offences (IPC Sections 375-376, POCSO Act)
- Robbery and Theft (IPC Sections 382-390)
- Fraud, Cheating, and Forgery (IPC Sections 415-420, 463-471)
- Terrorism-related Offences (Unlawful Activities (Prevention) Act)
- Drug Trafficking and Narcotics Offences (Narcotic Drugs and Psychotropic Substances Act)
- Human Trafficking (IPC Section 370)
- Money Laundering (Prevention of Money Laundering Act)
- Corruption and Bribery (Prevention of Corruption Act)
- Cybercrime and Hacking (Information Technology Act)
Legal Framework
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.
Conclusion
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.
Example
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.
