Can Extradition Be Refused Due To Lack Of Evidence?

Extradition is a legal process requiring the requesting country to present sufficient evidence to justify the surrender of an accused. Indian courts apply a standard of prima facie evidence to ensure that extradition requests are legitimate and not arbitrary.

Refusal of Extradition Due to Lack of Evidence

Requirement of Prima Facie Evidence

• Under Section 9 of the Extradition Act, 1962, the magistrate must be satisfied that there is sufficient evidence to justify the committal of the accused for trial if the offense had been committed in India.
• This means the requesting country must produce enough evidence to establish a prima facie case, not necessarily prove guilt beyond reasonable doubt.

Standard of Proof

• The standard is lower than in a trial; the focus is on whether there is reasonable ground to believe the person committed the alleged offense.
• The magistrate reviews the evidence presented but does not conduct a full trial.

Consequences of Insufficient Evidence

• If the evidence is insufficient or wholly lacking, the magistrate can refuse the extradition request.
• This protects individuals from wrongful surrender on frivolous or baseless accusations.

Judicial Safeguards

• Courts scrutinize the documents, witness statements, and other materials provided to ensure compliance with treaty obligations and legal standards.
• Requests based on mere suspicion or hearsay are not entertained.

Opportunity for the Accused to Challenge Evidence

• The accused can cross-examine witnesses or present evidence during the extradition hearing to dispute the sufficiency of the prosecution's case.

Diplomatic and Treaty Considerations

• Some treaties specify evidentiary requirements that must be met; India respects these while ensuring fundamental legal safeguards.

Judicial Precedents

• Indian courts have refused extradition when evidence is found to be inadequate or fabricated, safeguarding against misuse of the extradition process.

Example

In a case where a requesting country fails to provide credible documents or witness affidavits linking the accused to a financial crime, the Indian magistrate may reject the extradition request for lack of prima facie evidence.