Answer By law4u team
Yes, India can extradite its own citizens. Under the Extradition Act, 1962, nationality alone is not an absolute bar to extradition unless a specific treaty says otherwise. Key points: Indian citizens can be extradited if: India has an extradition treaty with the requesting country The offence is covered under the treaty (usually serious crimes) Dual criminality rule is satisfied (crime is illegal in both countries) Courts and Central Government approve the request Procedure: Foreign country sends extradition request Indian authorities examine it Magistrate conducts inquiry Central Government takes final decision Important limitations: Extradition may be refused if: Offence is political in nature There is risk of unfair trial or human rights violation Evidence is insufficient Offence is not recognized in both countries Legal protection: Indian courts ensure due process before surrendering any citizen The person has right to legal defence during extradition proceedings Important example: Many Indian fugitives (including financial offenders and cyber criminals) have been extradited back to India, and in some cases Indian citizens have also been sent abroad for prosecution. Conclusion: Yes, Indian citizens can be extradited, but only under treaty obligations, judicial review, and approval of the Central Government.
