- 07-Nov-2025
- public international law
India has the sovereign right to refuse extradition requests if they do not comply with legal standards or if there are valid humanitarian or procedural grounds. Denials often reflect India’s commitment to human rights, fair legal processes, and adherence to treaty obligations.
Extradition is typically denied if the offense is political in nature or connected with political activities.
India may refuse extradition if the accused risks the death penalty or cruel, inhuman, or degrading treatment without proper assurances.
If the magistrate finds insufficient evidence or no prima facie case, extradition may be refused.
Requests lacking proper documentation, authentication, or jurisdictional clarity are denied.
Extradition may be denied if the accused has already been tried or acquitted for the same offense.
Mental illness or serious health issues of the accused may lead to refusal of extradition.
Without a valid treaty or legal framework, India may decline extradition requests.
Ensure requests meet all legal and procedural standards.
Provide clear and authenticated documentation with evidence.
Address any humanitarian concerns proactively.
Respect India’s political offense and human rights exceptions.
Engage in diplomatic dialogue to clarify issues.
India denied extradition of a political activist wanted by a foreign country for alleged political dissent, citing the political offense exception and concerns over fair trial guarantees.
The magistrate found the charges politically motivated.
India requested assurances against torture and fair trial procedures.
Due to insufficient guarantees, the extradition request was refused.
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