Law4u - Made in India

What Is The History Of Extradition Laws In India?

Answer By law4u team

India's extradition laws have a rich and layered history that reflects the country’s colonial past, post-independence legal restructuring, and increasing participation in global law enforcement. From the British-era legal codes to the current Indian Extradition Act, India’s extradition framework has continuously evolved to meet the demands of cross-border justice, diplomacy, and global crime control.

Historical Evolution of Extradition Laws in India

Pre-Independence Period (British Era)

  • Extradition practices in British India were governed by imperial British laws, particularly the Extradition Act of 1870 (UK), which extended to British colonies.
  • The Indian Extradition Act of 1903 was enacted to regulate extradition between British India and foreign states or other British colonies.
  • These early laws were designed to serve imperial interests, with limited scope for mutual reciprocity or fairness to the accused.

Post-Independence Transition (1947–1962)

  • After independence, India continued using the 1903 Act temporarily until it developed a sovereign framework.
  • The need for a modern, independent extradition system led to the drafting of a new legislation.

Indian Extradition Act, 1962

  • Enacted in response to growing international cooperation needs, this Act replaced the 1903 law.
  • It applies to both treaty and non-treaty countries and allows India to request and grant extradition based on legal and diplomatic principles.
  • Key features include:
    • Definition of extraditable offenses.
    • Grounds for refusal (e.g., political offenses, double jeopardy).
    • Role of the central government in approving extradition.
    • Integration of the speciality principle and safeguards for the accused.

Expansion Through Bilateral Treaties

India started signing extradition treaties post-1962, beginning with countries like the USA (1997), UK, and Bangladesh.

Over the years, India has entered into more than 40 extradition treaties and over 10 extradition arrangements, allowing flexibility and cooperation even without formal treaties.

Integration with International Law and Organizations

  • India became an active participant in INTERPOL and began issuing Red Corner Notices for wanted individuals globally.
  • Adoption of Mutual Legal Assistance Treaties (MLATs) enhanced India's legal capacity to handle extradition-linked evidence and witness cooperation.

Judicial Interpretations and Case Law

Indian courts have played a crucial role in interpreting extradition laws in line with constitutional safeguards such as Article 21 (Right to Life) and Article 20(2) (Double Jeopardy).

High-profile cases like Abu Salem, Vijay Mallya, and Nirav Modi have tested and clarified the application of extradition laws, especially the speciality clause and human rights concerns.

Key Milestones in India's Extradition History

YearEvent
1903Indian Extradition Act enacted during British rule
1947India gains independence; continues old law temporarily
1962New Indian Extradition Act passed
1970s–1990sIndia begins active treaty negotiations
1997India signs major treaty with the United States
2000s–PresentActive pursuit of fugitives and legal modernization

Example

The Abu Salem extradition case from Portugal in 2005 is a landmark in India's extradition history.

Context:

  • Abu Salem was wanted in connection with the 1993 Mumbai bomb blasts.
  • India assured Portugal that he would not be given the death penalty or tried for any offense beyond those listed in the extradition request (as per the speciality principle).

Historical Significance:

  • It tested India's commitment to honoring international assurances.
  • Strengthened the principle that treaty terms must be strictly followed.
  • Led to judicial interpretation of extradition conditions under Article 21 of the Constitution.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ritik Uikey

Advocate Ritik Uikey

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Muslim Law, R.T.I, Recovery, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Abdul Gofur Barbhuiya

Advocate Abdul Gofur Barbhuiya

Anticipatory Bail,Cheque Bounce,Domestic Violence,Family,Motor Accident,

Get Advice
Advocate Shakar Khan

Advocate Shakar Khan

Civil, Criminal, Child Custody, Divorce, Family, Anticipatory Bail

Get Advice
Advocate Sandeep Kummar

Advocate Sandeep Kummar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, R.T.I, Property, Recovery, Wills Trusts, Succession Certificate

Get Advice
Advocate Advocate Girish Alurkar

Advocate Advocate Girish Alurkar

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Family, High Court, Media and Entertainment, NCLT, Property, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Shrajal Rastogi

Advocate Shrajal Rastogi

Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Sundar Singh Tomar

Advocate Sundar Singh Tomar

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 Anjay Mishra

Advocate Anjay Mishra

Civil, Criminal, High Court, Divorce, Cheque Bounce, Anticipatory Bail, Family, Property, Motor Accident, 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.