Law4u - Made in India

What Are The Challenges India Faces In Extraditing Fugitives?

Answer By law4u team

Extradition is a complex process requiring cooperation between countries. India, aiming to bring fugitives to justice, often faces multiple challenges that delay or complicate extradition proceedings. These hurdles stem from legal, diplomatic, procedural, and human rights concerns, impacting India’s ability to effectively secure the return of accused individuals.

Major Challenges India Faces in Extraditing Fugitives

Lack of or Limited Extradition Treaties

India does not have extradition treaties with every country, which complicates or prevents formal extradition requests.

Dual Criminality Principle

Extradition demands that the alleged offense be a crime in both India and the requested country. Differences in laws can hinder requests.

Judicial and Procedural Delays

Extradition cases often involve lengthy court hearings, appeals, and bureaucratic procedures in foreign jurisdictions, causing significant delays.

Human Rights and Fair Trial Concerns

Requested countries scrutinize if the fugitive will receive a fair trial and humane treatment in India, especially if capital punishment or harsh penalties are involved.

Political and Diplomatic Sensitivities

Extradition requests can be complicated by political considerations, diplomatic relations, or allegations of persecution and misuse of the legal system.

Asylum and Refugee Claims

Fugitives may apply for asylum or refugee status in the requested country, complicating or halting extradition.

Evidentiary Requirements

Requesting countries must provide strong evidence to support extradition. Insufficient or improperly presented evidence weakens the case.

Sovereignty Issues

Countries are cautious about allowing another nation to exercise legal authority on their soil, often leading to reluctance in approving extradition.

Resource and Coordination Constraints

India’s law enforcement and diplomatic missions may face resource limitations, affecting timely and effective coordination.

Example

Consider the case of Vijay Mallya, wanted in India for financial fraud. India requested extradition from the UK. However, the process has been prolonged due to rigorous UK judicial scrutiny, Mallya’s legal defenses, concerns about his health, and procedural appeals. India had to repeatedly engage diplomatically and legally to meet evidentiary and procedural standards.

Steps India should take to overcome challenges:

Strengthen extradition treaties and expand bilateral cooperation.

Improve quality and completeness of evidence before filing requests.

Engage diplomatically to address political and human rights concerns.

Enhance legal expertise and coordination in foreign jurisdictions.

Promote international collaboration against cross-border crime.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Krishna Kumar

Advocate Krishna Kumar

Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, R.T.I, Succession Certificate

Get Advice
Advocate Suganpal

Advocate Suganpal

GST, Tax, Trademark & Copyright, Labour & Service, RERA

Get Advice
Advocate Sakshi Singh

Advocate Sakshi Singh

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

Get Advice
Advocate Abhijit Kumar

Advocate Abhijit Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Tax

Get Advice
Advocate R D Sonar

Advocate R D Sonar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Srinivas Guvva

Advocate Srinivas Guvva

Anticipatory Bail, Motor Accident, Trademark & Copyright, Criminal, Civil

Get Advice
Advocate Ratan Kumar Soni

Advocate Ratan Kumar Soni

Criminal, Cyber Crime, Anticipatory Bail, Family, Divorce, Motor Accident, Property, Recovery, High Court

Get Advice
Advocate Shushanth R

Advocate Shushanth R

Breach of Contract, Civil, Criminal, Documentation, Family, Landlord & Tenant, Motor Accident, Muslim Law, Succession Certificate, Revenue

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.