Extraditing a fugitive from India involves a structured legal process governed primarily by the Extradition Act, 1962. The process ensures that individuals are not surrendered arbitrarily and that due legal and diplomatic procedures are followed. Whether or not India has an extradition treaty with the requesting country plays a significant role in how the process unfolds.
A foreign country submits an official extradition request to the Ministry of External Affairs (MEA) through diplomatic channels.
The request must include full details: identity of the fugitive, legal charges, arrest warrant, evidence of the crime, and assurances (if required).
The MEA examines the request to verify if it meets basic legal and treaty requirements.
It checks whether the request is from a treaty country or needs to be processed under special arrangements for non-treaty countries (under Section 3(4) of the Extradition Act, 1962).
The MEA forwards the request to the Ministry of Home Affairs, which reviews it and, if appropriate, directs the police to initiate legal proceedings.
The matter is presented before a Magistrate, who may issue an arrest warrant under the Indian Code of Criminal Procedure (CrPC).
The fugitive is then arrested by local law enforcement.
A formal extradition hearing is conducted where the evidence is examined.
The magistrate determines whether a prima facie case exists and whether the extradition conditions under Indian law are satisfied.
After the hearing, the magistrate submits a report to the Central Government, detailing whether the extradition is justified.
The Ministry of External Affairs, on behalf of the Government of India, makes the final decision on whether to extradite the fugitive.
If approved, arrangements are made to hand over the person to the requesting country.
The fugitive may approach the High Court or Supreme Court of India to challenge the extradition on legal or humanitarian grounds.
A person wanted for drug trafficking in Country Y flees to India.
Country Y sends an extradition request to India's MEA.
The MEA reviews and forwards it to the MHA.
A magistrate issues an arrest warrant, and the person is arrested in India.
An extradition hearing is held, and evidence is presented.
The magistrate finds a prima facie case and forwards the report to the central government.
After legal checks, India decides to extradite the fugitive.
The person is handed over to Country Y’s law enforcement officers at an agreed location, such as an airport.
Answer By Law4u Team
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