How Are Offences Classified Under The Extradition Act?

The classification of offences under the Extradition Act, 1962 is crucial for determining whether an offence qualifies for extradition between India and other countries. The Act and extradition treaties rely on the principle of dual criminality, meaning the offence must be recognized as a crime punishable under the laws of both the requesting and requested countries. This classification ensures that extradition is granted only for serious and legally recognized offences, preventing misuse of the process.

Classification of Offences Under the Extradition Act

Extraditable Offences

Offences punishable with imprisonment for at least one year or a more severe penalty in both the requesting and requested countries are considered extraditable.

The offence must be recognized as a crime under the laws of both countries (dual criminality).

These generally include serious crimes such as murder, kidnapping, drug trafficking, fraud, forgery, theft, money laundering, terrorism, and cybercrime.

Non-Extraditable Offences

Minor offences punishable by less than one year imprisonment generally do not qualify for extradition.

Offences that do not meet the dual criminality standard or are not punishable under the laws of both countries are excluded.

Political Offences Exception

The Act specifically excludes political offences from extradition.

Political offences typically involve acts against the state or government and are not treated as criminal offences under extradition treaties.

This provision prevents extradition requests that are politically motivated or aimed at persecution.

Military Offences

Offences purely military in nature may also be excluded from extradition.

Other Exceptions

Extradition may be refused if the individual is likely to face torture, death penalty (without assurance), or unfair trial.

Criteria Used for Classification

Dual Criminality Principle

The offence must be punishable in both jurisdictions for extradition to proceed. This is a fundamental legal requirement.

Severity of Punishment

The Act requires that the offence be punishable with imprisonment of at least one year or more.

Nature of Offence

Distinction between criminal and political offences is critical, with political offences excluded.

Impact of Classification on the Extradition Process

Ensures that only serious and legally recognized crimes are subject to extradition.

Prevents abuse of extradition requests for minor or politically motivated offences.

Facilitates smoother cooperation by setting clear legal standards for offences.

Balances law enforcement with human rights protections.

Example

If India requests extradition of a person accused of drug trafficking from another country, the offence qualifies as extraditable if the other country also criminalizes drug trafficking with punishments over one year imprisonment. However, if the offence were related to political dissent, the request would likely be denied under the political offence exception.