Law4u - Made in India

What Are India’s Obligations Under International Law In Extradition?

Answer By law4u team

India, as a member of the international community, is bound by international law to cooperate in the extradition of fugitives under applicable treaties and conventions. India’s obligations aim to balance effective law enforcement with respect for sovereignty, human rights, and legal fairness.

Detailed Explanation: India’s Obligations Under International Law in Extradition

Compliance with Treaties

India must honor the terms of bilateral and multilateral extradition treaties it has signed, ensuring requests meet treaty conditions before processing.

This includes observing procedural requirements, timelines, and documentation standards as prescribed.

Respect for Sovereignty

India exercises its sovereign right to decide extradition requests within its legal framework, but must do so consistent with international agreements.

Extradition cannot violate India’s domestic law or fundamental principles of justice.

Due Process and Fair Trial Rights

Under international human rights norms, India must ensure that extradited persons receive fair treatment, protection against torture or cruel treatment, and legal safeguards during the process.

Extradition must not lead to violations of fundamental rights, including those enshrined in the Indian Constitution.

Non-Refoulement Principle

India is obliged not to extradite individuals to countries where they face a real risk of persecution, torture, or inhumane treatment, in line with international refugee and human rights law.

This principle safeguards against sending persons to jurisdictions lacking fair legal protections.

Mutual Legal Assistance and Cooperation

India participates in international efforts to combat transnational crime by cooperating on evidence gathering, sharing intelligence, and facilitating extradition where appropriate.

This promotes global justice and accountability.

Grounds for Refusal

India can refuse extradition on grounds recognized internationally, such as political offence exceptions, risk of unfair trial, or absence of dual criminality.

Respecting International Conventions

India is party to various international conventions (e.g., UN Conventions against Corruption, Terrorism) which require cooperation in extradition for specific crimes.

Example

If India receives an extradition request from a country party to a treaty with India, it must assess whether the request meets treaty terms, whether the offense is extraditable, and if the person’s human rights will be respected post-extradition. For instance, India will not extradite if the individual faces a death penalty in the requesting country without adequate legal safeguards, reflecting India’s international human rights obligations.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sanjeev Rai

Advocate Sanjeev Rai

Anticipatory Bail, Court Marriage, Cheque Bounce, Breach of Contract, Banking & Finance, Criminal, Divorce, Domestic Violence, Family, Media and Entertainment, High Court

Get Advice
Advocate Mahesh Chandra

Advocate Mahesh Chandra

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Property

Get Advice
Advocate Mayuri Srivastava

Advocate Mayuri Srivastava

Anticipatory Bail,Arbitration,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Labour & Service,Media and Entertainment,Motor Accident,Muslim Law,Patent,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Anarul Haque

Advocate Anarul Haque

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law

Get Advice
Advocate Sanjay Kumar Upadhyay

Advocate Sanjay Kumar Upadhyay

Anticipatory Bail, Cheque Bounce, Divorce, Family, Domestic Violence, Motor Accident, Property, Succession Certificate, Wills Trusts, Criminal, Consumer Court, Child Custody, Armed Forces Tribunal

Get Advice
Advocate Shashank Mishra

Advocate Shashank Mishra

Cheque Bounce, Civil, Consumer Court, Family, High Court

Get Advice
Advocate Priyanka Sharma

Advocate Priyanka Sharma

Customs & Central Excise, Criminal, GST, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Cheque Bounce, Divorce, Civil

Get Advice
Advocate Bishwajit Kumar Mandal

Advocate Bishwajit Kumar Mandal

Civil, Anticipatory Bail, Property, Motor Accident, Medical Negligence, Labour & Service, High Court, Criminal, Corporate, Consumer Court, Court Marriage, Cyber Crime, Insurance, Landlord & Tenant, Divorce, Cheque Bounce, Breach of Contract, Banking & Finance, Arbitration, GST

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.