Law4u - Made in India

What Is A Custody Pending Extradition Order?

Answer By law4u team

When a foreign country requests extradition of a person residing in India, the Indian authorities may take the person into custody to ensure their availability during the extradition process. This detention is known as custody pending extradition order.

Meaning and Purpose of Custody Pending Extradition Order

Definition

A custody pending extradition order refers to the detention of a person by Indian authorities during the pendency of the extradition proceedings.

The purpose is to prevent the person from fleeing or evading the extradition process.

Legal Basis

Under Section 8 of the Indian Extradition Act, 1962, the magistrate may issue a warrant of arrest to take the person into custody.

The person is then produced before the magistrate for the extradition inquiry.

Duration of Custody

The custody continues until the extradition decision is finalized by the competent authorities.

It may involve judicial custody (in prison or police lockup) or police custody as per the court’s direction.

Rights and Safeguards

The detained person has the right to legal representation and to challenge the detention or extradition by filing a habeas corpus petition under Article 226 or 32 of the Constitution.

Courts ensure that detention is not arbitrary and follows due process.

The person must be informed of the grounds for detention and extradition request.

Judicial Inquiry

During custody, the magistrate conducts an inquiry to verify if the prima facie case for extradition exists.

If no prima facie case is found, the person may be released.

Preventive Nature

Custody pending extradition is preventive, not punitive. It does not imply guilt but ensures presence during the legal process.

Example

Country X requests extradition of Mr. A from India for fraud charges. Upon receiving the request, the Indian magistrate issues an arrest warrant, and Mr. A is taken into custody pending extradition. Mr. A is provided legal counsel and challenges the extradition. The court holds the inquiry while Mr. A remains in custody until the final decision is made.

Conclusion

A custody pending extradition order is a lawful detention of a person during extradition proceedings to ensure their availability and prevent escape. Indian law provides legal safeguards to protect the rights of the detained person, balancing state interests and individual freedoms.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Abhijeet P Pawar

Advocate Abhijeet P Pawar

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Devender Uchana

Advocate Devender Uchana

Criminal, Divorce, Family, Motor Accident, Muslim Law, Breach of Contract, Anticipatory Bail, Cheque Bounce

Get Advice
Advocate G Yadaiah

Advocate G Yadaiah

Civil, Revenue, Consumer Court, Cheque Bounce, Cyber Crime, Family, Property, Recovery, Labour & Service, Landlord & Tenant

Get Advice
Advocate Keerthiraj

Advocate Keerthiraj

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Recovery, Revenue, Cyber Crime

Get Advice
Advocate Sumit Kalia

Advocate Sumit Kalia

Motor Accident, Landlord & Tenant, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Recovery, Succession Certificate, Supreme Court, Revenue, Wills Trusts, R.T.I

Get Advice
Advocate Mustejab Khan

Advocate Mustejab Khan

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Motor Accident,Muslim Law,R.T.I,

Get Advice
Advocate Satyanarayana K

Advocate Satyanarayana K

Cheque Bounce, Civil, Divorce, Family, Landlord & Tenant

Get Advice
Advocate Sharukh Khan

Advocate Sharukh Khan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Cyber Crime, Documentation, GST, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Insurance, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.