Answer By law4u team
The process of extraditing a fugitive from another country to India involves several legal, diplomatic, and administrative steps. It is a coordinated effort between investigative agencies, the judiciary, and the Ministry of External Affairs (MEA). Whether the target country has an extradition treaty with India or not, the request must be formally structured and supported by appropriate legal documentation and evidence to ensure compliance with international and domestic laws.
Procedure for Making an Extradition Request From India
Identification of the Fugitive and Case Assessment
An Indian law enforcement agency (e.g., CBI, NIA, state police) identifies a fugitive residing abroad who is wanted in India for trial or to serve a sentence.
Issuance of Arrest Warrant
A competent Indian court issues a non-bailable warrant (NBW) against the accused. This legal document is mandatory for initiating extradition.
INTERPOL Red Corner Notice (If Applicable)
The Central Bureau of Investigation (CBI), which is the National Central Bureau for INTERPOL in India, may request a Red Corner Notice (RCN) to alert global authorities about the fugitive.
Preparation of Extradition Request Dossier
The investigating agency compiles an extradition dossier that includes:
- Copy of FIR/charge sheet
- Certified court orders (warrant of arrest)
- Summary of facts and legal provisions
- Evidence supporting the charge
- Personal details of the fugitive (passport, address, etc.)
- Photographs and biometric data (if available)
- Assurance of fair trial and human rights compliance
Review by Ministry of Home Affairs (MHA)
The extradition request is first sent to the Ministry of Home Affairs, which examines the legal soundness and completeness of the dossier.
Forwarding to Ministry of External Affairs (MEA)
Upon approval by the MHA, the request is forwarded to the MEA, which acts as the central authority for transmitting extradition requests to foreign governments.
Transmission Through Diplomatic Channels
The MEA, through Indian embassies or high commissions, formally submits the extradition request to the appropriate authorities in the requested country.
Foreign Country’s Legal Review and Court Proceedings
The requested country’s courts or government departments evaluate the extradition request according to their local laws and treaty obligations.
Final Decision and Transfer
If the foreign court approves the extradition, and the executive authority consents, the fugitive is handed over to Indian law enforcement. MEA coordinates the secure escort back to India.
Special Cases and Considerations
Non-Treaty Countries
In the absence of an extradition treaty, India can still send a request based on the principle of reciprocity or humanitarian grounds, though approval is less predictable.
Provisional Arrest Requests
In urgent situations, India may seek a provisional arrest of the fugitive pending the full extradition request submission.
Human Rights and Political Offense Barriers
Some countries may deny extradition if the accused faces possible capital punishment, unfair trial, or political persecution.
Supplementary Documentation
The requested country may ask for additional documents, clarifications, or evidence, which must be furnished promptly by Indian authorities.
Consumer Safety Tips (For Officials and Agencies)
Double-check that all documents are certified, translated (if required), and properly formatted.
Avoid delays in dossier submission; time-sensitive cases may lose urgency.
Include legal explanations matching the requested country’s extradition standards.
Use INTERPOL channels efficiently to monitor fugitive movement.
Maintain regular communication between MEA, MHA, and Indian missions abroad.
Example
Suppose a person accused of cybercrime in India escapes to Germany.
Steps Taken by Indian Authorities:
CBI registers FIR and obtains a non-bailable arrest warrant from a competent Indian court.
Red Corner Notice issued through INTERPOL to alert international police authorities.
Extradition dossier prepared by CBI, reviewed by the Ministry of Home Affairs.
MEA forwards request to the Indian Embassy in Berlin, which submits it to German authorities.
German court reviews the request under their domestic law and India-Germany extradition treaty.
Upon approval, Indian law enforcement escorts the fugitive back under MEA coordination.
