Law4u - Made in India

What Is India’s Stand On Extradition And Death Penalty?

Answer By law4u team

India retains the death penalty under its legal system but exercises caution when dealing with extradition requests involving capital offenses. India seeks to uphold its international human rights commitments while protecting its sovereignty and legal interests by requiring assurances before proceeding with extradition in such cases.

India’s Stand on Extradition and Death Penalty

Conditional Extradition

India typically requires diplomatic assurances from the requesting country that the death penalty will not be imposed or executed before consenting to extradition for capital crimes.

Respect for Human Rights

India aligns with global human rights norms advocating against arbitrary execution and insists on fair trial guarantees for the accused.

Legal Framework

The Indian Extradition Act, 1962, allows extradition but does not explicitly prohibit extradition for capital offenses. However, India’s practice reflects sensitivity to death penalty issues.

Diplomatic Engagement

In cases involving the death penalty, India often engages in diplomatic negotiations to obtain written assurances to protect the accused’s rights.

Reciprocity and Treaty Obligations

India’s extradition treaties often include clauses related to capital punishment, reflecting a balanced approach respecting bilateral agreements.

Recent Practices

India has granted extradition with conditions in recent high-profile cases, ensuring no death penalty will be carried out without India’s consent.

Consumer Safety Tips (For Legal and Diplomatic Officials)

  • Always seek clear and documented diplomatic assurances when handling capital offense extraditions.
  • Monitor ongoing cases to ensure compliance with assurances and legal standards.
  • Promote transparency and due process in extradition requests involving death penalty charges.
  • Be aware of evolving international human rights obligations influencing India’s stance.

Example

A foreign country requests extradition of an Indian national accused of terrorism, punishable by death in that country.

Process Followed:

  • India asks for a written assurance that the death penalty will not be imposed or executed.
  • The requesting country provides diplomatic guarantees.
  • India consents to extradition subject to these conditions.
  • India continues to monitor the trial to ensure compliance with assurances and human rights standards.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajesh Roushan

Advocate Rajesh Roushan

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Arbitration, Banking & Finance

Get Advice
Advocate Saikat Bhattacharya

Advocate Saikat Bhattacharya

Civil, Criminal, Divorce, Cheque Bounce, Family

Get Advice
Advocate Dinesh Kumar

Advocate Dinesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, GST, Arbitration

Get Advice
Advocate Sandip E Goswami

Advocate Sandip E Goswami

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Motor Accident, Banking & Finance, Arbitration

Get Advice
Advocate Bipin patel

Advocate Bipin patel

Revenue, Family, Divorce, Criminal, Court Marriage, R.T.I, Motor Accident, Insurance, Domestic Violence, Labour & Service, Anticipatory Bail, Consumer Court, Cheque Bounce

Get Advice
Advocate Debon Dey

Advocate Debon Dey

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, R.T.I, Wills Trusts, Revenue

Get Advice
Advocate Vishal Mohanrao Janrao

Advocate Vishal Mohanrao Janrao

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ravendra Tyagi

Advocate Ravendra Tyagi

Arbitration, Cheque Bounce, Family, Domestic Violence, Labour & Service, Revenue, Property, Succession Certificate, Wills Trusts, Civil

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.