Law4u - Made in India

Can A Country Refuse To Extradite Its Own Citizens To India?

Answer By law4u team

It is a common principle in international extradition law that many countries refuse to extradite their own nationals to foreign states. This is often based on constitutional provisions, national laws, or specific treaty clauses aimed at protecting their citizens from foreign prosecution, ensuring their rights, or trying the accused within their own judicial system.

Reasons Why Countries May Refuse To Extradite Their Own Citizens

Nationality Principle

Many countries exercise the nationality principle, whereby they protect their citizens from extradition and instead prosecute them domestically if warranted.

Constitutional or Legal Provisions

Some countries have constitutional clauses or laws explicitly forbidding the extradition of their nationals.

Treaty Provisions

Extradition treaties often include clauses allowing refusal to extradite nationals or require assurances of fair trial or domestic prosecution.

Sovereignty and Protection of Citizens

States prioritize protecting their nationals from potential political persecution or unfair treatment abroad.

Double Criminality and Local Jurisdiction

Refusal may be linked with whether the offense is recognized under domestic law and if the country intends to prosecute the accused itself.

Consumer Safety Tips (For Requesting Authorities)

Check the extradition treaty between India and the requested country for nationality clauses.

Consider diplomatic engagement to seek assurances or alternative legal cooperation.

Be prepared for possible domestic prosecution requests rather than extradition.

Understand and respect the legal frameworks and constitutional protections of the requested country.

Example

A European country refused India’s extradition request for one of its citizens accused of fraud, citing its constitutional prohibition on extraditing nationals. Instead, it initiated its own legal proceedings against the accused within its jurisdiction.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Yojanya Murthy

Advocate Yojanya Murthy

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Shekhar Chauhan

Advocate Shekhar Chauhan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Customs & Central Excise, Consumer Court, Cyber Crime, Domestic Violence, Divorce, Criminal, Court Marriage, Corporate, High Court, Family, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, NCLT, RERA, R.T.I, Trademark & Copyright

Get Advice
Advocate Muhammed Swadiq

Advocate Muhammed Swadiq

Anticipatory Bail, Arbitration, 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, Insurance, International Law, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Visakh M

Advocate Visakh M

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Divorce, Documentation, High Court, International Law, NCLT, Patent, Property, Supreme Court, Trademark & Copyright

Get Advice
Advocate Suryanarayana Arrepu

Advocate Suryanarayana Arrepu

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Criminal,High Court,Insurance,Landlord & Tenant,Property,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,Revenue,

Get Advice
Advocate R Rajasekarapandian

Advocate R Rajasekarapandian

Civil, Consumer Court, Corporate, Criminal, Divorce, Family, High Court, Motor Accident, Recovery, Revenue

Get Advice
Advocate S B Tajuddim

Advocate S B Tajuddim

Family, Cheque Bounce, Criminal, Domestic Violence, Anticipatory Bail

Get Advice
Advocate Daljeet Singh Thakur

Advocate Daljeet Singh Thakur

Anticipatory Bail, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Divorce, Child Custody, Consumer Court, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Succession Certificate

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.