Definition
Extradition is the legal process by which a person is transferred from one country to another without the person’s consent. Here, a governmental authority formally and legally turns over an alleged criminal to another government for the person to face prosecution for a crime. It is a judicial process, unlike deportation.
Indian Extradition Act, 1962
In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962. This is for both extradition of persons to India and from India to foreign countries. The basis of the extradition could be a treaty between India and other countries.
Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty, Agreement or Arrangement made by India with a Foreign State, relating to the Extradition of fugitive criminals which extends to and is binding on, India. Extradition treaties are traditionally bilateral in character.
Principles to be followed
- The extradition applies only to such offences which are mentioned in the treaty,
- It applies the principle of dual criminality which means that the offence sought to be an offence in the national laws of requesting as well as requested country,
- Requested country must be satisfied that there is a prima facie casemade against the offender/accused,
- Extradition should be made only for the offence for which extradition was requested,
- The accused must be provided with the fair trial.
Nodal Authority
CPV Division, Ministry of External Affairs, Government of India is the Nodal Authority that administers the Extradition Act.
Who can make an extradition request from India’s side?
Requests for extradition on behalf of the Republic of India can only be made by the Ministry of External Affairs, Government of India, which formally submits the request for Extradition to the requested State through diplomatic channels. Extradition isn’t available at the request of members of the public.
Bars to Extradition
An alleged offender may not be extradited to the requesting state in the following cases:
- No treaty – In absence of a treaty, States are not obligated to extradite aliens/nationals
- No treaty crime – Extradition is generally limited to crimes identified in the treaty which vary in relation for one State to another, as provided by the treaty.
- Military and Political Offences – Extradition may be denied for purely military and political offences. Terrorist offences and violent crimes aren’t included in the definition of political offences for the purposes of extradition treaties.
- Want of Dual Criminality – Dual criminality exists when conduct constituting the offence equivalent to a criminal offence in both India and the foreign country.
- Procedural considerations – Extradition may be denied when due procedure as required by the Extradition Act of 1962 is not followed.
Countries with Extradition Treaties with India
| S.NO | COUNTRY | YEAR OF TREATY |
| 1. | Azerbaijan | 2013 |
| 2. | Australia | 2008 |
| 3. | Bahrain | 2004 |
| 4. | Bangladesh | 2013 |
| 5. | Belarus | 2007 |
| 6. | Belgium | 1901 |
| 7. | Bhutan | 1996 |
| 8. | Brazil | 2008 |
| 9. | Bulgaria | 2003 |
| 10. | Canada | 1987 |
| 11. | Chile | 1897 |
| 12. | Egypt | 2008 |
| 13. | France | 2003 |
| 14. | Germany | 2001 |
| 15. | Hong Kong | 1997 |
| 16. | Indonesia | 2011 |
| 17. | Iran | 2008 |
| 18. | Kuwait | 2004 |
| 19. | Malaysia | 2010 |
| 20. | Mauritius | 2003 |
| 21. | Mexico | 2007 |
| 22. | Mongolia | 2001 |
| 23. | Nepal | 1953 |
| 24. | Netherlands | 1898 |
| 25. | Oman | 2004 |
| 26. | Poland | 2003 |
| 27. | Philippines | 2004 |
| 28. | Russia | 1998 |
| 29. | Saudi Arabia | 2010 |
| 30. | South Africa | 2003 |
| 31. | South Korea | 2004 |
| 32. | Spain | 2002 |
| 33. | Switzerland | 1880 |
| 34. | Tajikistan | 2003 |
| 35. | Thailand | 2013 |
| 36. | Tunisia | 2000 |
| 37. | Turkey | 2001 |
| 38. | UAE | 1999 |
| 39. | UK | 1992 |
| 40. | Ukraine | 2002 |
| 41. | USA | 1997 |
| 42. | Uzbekistan | 2000 |
| 43. | Vietnam | 2011 |
Countries with Extradition Arrangements with India
| S.NO | COUNTRY | YEAR OF ARRANGEMENT |
| 1. | Antigua & Barbuda | 2001 |
| 2. | Armenia | 2019 |
| 3. | Croatia | 2011 |
| 4. | Fiji | 1979 |
| 5. | Italy | 2003 |
| 6. | Papua New Guinea | 1978 |
| 7. | Peru | 2011 |
| 8. | Singapore | 1972 |
| 9. | Sri Lanka | 1978 |
| 10. | Sweden | 1963 |
| 11. | Tanzania | 1966 |
Source: Ministry of External Affairs, Government of India
– Pranjal Singh