Law4u - Made in India

Can Non-Extraditable Offences Later Become Extraditable?

Answer By law4u team

In extradition law, certain offences are categorized as non-extraditable due to legal, political, or human rights concerns. However, the status of such offences is not always fixed. Over time, through legal reforms, changes in treaties, or evolving diplomatic relations, offences that were once considered non-extraditable can become extraditable. This flexibility ensures that legal systems can adapt to modern forms of crime and growing international cooperation in criminal justice.

How Non-Extraditable Offences Can Become Extraditable

Amendment of Extradition Treaties

Countries may revise or update extradition treaties to expand the list of extraditable offences. For example, cybercrimes or terrorism-related acts—once not included—are now commonly added to treaties.

Change in Domestic Laws

A country may amend its own extradition laws to redefine what constitutes an extraditable offence, especially if national security or public interest is involved.

Mutual Consent Between Nations

Even without formal treaty amendments, two countries can mutually agree to extradite individuals for specific offences under diplomatic arrangements or supplementary agreements.

Reclassification of Offences

Some offences, like certain economic crimes or political acts, may be reclassified in light of global consensus. For instance, corruption or money laundering may no longer be protected under political offence exceptions.

Emergence of Multilateral Conventions

International conventions (e.g., UN Conventions Against Transnational Organized Crime, Corruption, or Terrorism) encourage signatories to treat specified crimes as extraditable.

Principle of Dual Criminality

If both the requesting and requested countries recognize an offence as a crime, it strengthens the possibility of extradition—even if the crime wasn’t originally included in an older treaty.

Limitations and Legal Safeguards

No Retrospective Application Without Consent

Generally, extradition is not applied retroactively unless both countries agree. The offence must have been extraditable at the time it was committed—unless explicitly allowed.

Human Rights and Fair Trial Standards

Even if an offence becomes extraditable, extradition may still be denied if there's a risk of torture, unfair trial, or persecution in the requesting country.

Judicial Review

Indian courts, or courts in other jurisdictions, can review whether the offence qualifies under updated laws or treaty terms before allowing extradition.

Example

Suppose online defamation was previously not listed as an extraditable offence under an old treaty between Country A and India. However, due to a rise in digital harassment cases, both countries amend their treaty to include cyber defamation.

Steps that follow:

The updated treaty includes online defamation as an extraditable offence.

A person accused of the crime in Country A flees to India.

Country A submits a formal extradition request post-treaty amendment.

Indian authorities, now recognizing the crime as extraditable, forward the case to an Extradition Magistrate.

The court assesses if the amended treaty applies to the case (based on when the crime was committed).

If allowed under law, the extradition process proceeds accordingly.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Nagendra Shukla

Advocate Nagendra Shukla

Anticipatory Bail, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law, Wills Trusts, Motor Accident, R.T.I

Get Advice
Advocate Ravi Kumar

Advocate Ravi Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Family, Domestic Violence, Cyber Crime, Property, Motor Accident, Consumer Court, Arbitration

Get Advice
Advocate Purendra Singh

Advocate Purendra Singh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax

Get Advice
Advocate Shrajal Rastogi

Advocate Shrajal Rastogi

Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Shivam Chaturvedi

Advocate Shivam Chaturvedi

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Succession Certificate

Get Advice
Advocate Harry

Advocate Harry

Cheque Bounce,Criminal,Divorce,Domestic Violence,Family,

Get Advice
Advocate Divyarajsinh Rana

Advocate Divyarajsinh Rana

Cheque Bounce, Anticipatory Bail, Arbitration, Revenue, Wills Trusts, Corporate, Recovery

Get Advice
Advocate Vinayak Upadhyay

Advocate Vinayak Upadhyay

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

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.