Can a person be extradited from India under International Law?

Answer By law4u team

Yes, a person can be extradited from India under International Law and Indian domestic law, provided certain legal conditions are met. Key legal framework: The Extradition Act, 1962 (India): This is the main law governing extradition in India. It applies when: There is an extradition treaty between India and the requesting country, or The Government of India declares that the country is treated as one with which India can extradite (even without a treaty). International Law and Treaties: India has extradition treaties with over 40 countries and extradition arrangements with several others. Extradition is based on reciprocity, treaty obligations, and principles of international comity. Basic conditions for extradition: The offense must be extraditable (serious criminal offenses, not political or military offenses). The offense must be punishable in both India and the requesting country (dual criminality). Sufficient evidence must be provided by the requesting country. India must be satisfied that human rights and fair trial will be ensured. A person cannot be extradited if: The offense is political in nature. The person may face death penalty, torture, or unfair trial, unless adequate assurances are given. Judicial role: Indian courts can review extradition requests. The final decision rests with the Central Government, but courts ensure the request complies with law. Example: India has extradited persons to countries like the USA, UK, and UAE. Similarly, it has requested extradition of fugitives like Vijay Mallya, Nirav Modi, and Mehul Choksi under treaty provisions. In conclusion, yes, under international law and Indian law, a person can be extradited from India, subject to legal safeguards and treaty conditions.

Answer By Ayantika Mondal

Dear Client, Yes indeed that a person may be extradited out of India per the tenets of international law. Extradition is the act in which one state turns over a person to another state to stand trial for a crime or to serve a term of imprisonment. India’s system of extradition is mainly based in its own laws, the Extradition Act of 1962, but also very much at the international agreement level. 1. Legal Framework: Extradition Act, 1962: This is what in India which puts forth the framework for the extradition of “fugitive criminals” to other countries. In 1993 the act was revised to include a wider range of international legal standards. Extradition Treaties: Extradition mostly takes place and is most effective when there is an extradition treaty between India and the requestor country. India has entered into many bilateral extradition treaties with which report. These treaties detail the particular crimes for which extradition will take place, the processes to be followed, and the issues which may cause denial of extradition. Absence of a Treaty: Even without a bilateral extradition treaty in place India’s 1962 Act also provides for the issue of an extradition request based on the principle of reciprocity which is also applicable in case of a relevant multilateral agreement between India and another country. 2. Main Principles and also which are: Extradition of Indian nationals is a selective process which also abides by rules which are standard in international treaties. Dual Criminality: Extradition can only take place upon request for a crime that is a felony in the books of both India and the foreign country. Although the names of the crime or its elements may vary, the basic action or conduct must be a criminal offense in both jurisdictions. Rule of Specialty: If upon extradition a person is to be tried or punished they may only do so for the offense which brought about the request for extradition. This is a key protection against the use of an extradition for different charges. Political Offenses: Extradition usually does not take place for what are deemed to be of a political nature. But in modern day extradition treaties and agreements we see that certain very serious crimes like terrorism are put out of the category of political offenses. No Death Penalty: In some cases where the issue of death penalty comes up in the requesting country and that which is requested does not have an equivalent punishment, we may require an assurance that the death penalty will not be imposed or carried out. Prima Facie Case: The which is making the request for the accused to be handed over must put forth enough evidence to make out a prima case. In India a magistrate must be convinced that there are sufficient grounds to believe that the person did in fact commit the which is charged. 3. The Exports Process: In the process of a foreign country requesting the extradition of a person from India it goes like this:. Request Submission: The present which country puts forth a formal request for extradition via diplomatic channels to India’s Ministry of External Affairs (MEA) which is the central authority for such matters. Magisterial Inquiry: The Government of India may which is the case. A magistrate is to be charged by the Government to conduct the inquiry. The magistrate looks at the evidence put forth by the requesting country and also any material put forward on the accused’s behalf. Magistrate's Decision: If at first glance it appears to the magistrate that a case is made out he will commit the person to prison to await Central Government’s action. Central Government's Decision: The ultimate decision in this issue is for the Indian Central Government. The government looks at the magistrates’ report also may put forth other into account which may include the specific terms of the treaty. India has a framework which through the Extradition Act of 1962 and a network of international treaties puts in place a clear process for the extradition of individuals. Although it is a complex and protracted process which includes specific legal protections, what we see is a very well established and functioning element of India’s international legal cooperation. I wish that this response helps you out with your queries. Should you have any issues please do not hesitate to ask.