Law4u Service

How Does India Deal With Extradition Of Economic Offenders?

Answer By law4u team

Economic offences such as fraud, money laundering, bank scams, and corruption pose serious challenges to India’s financial system and governance. To counter this, India employs a combination of legal instruments including the Extradition Act, 1962, and the Prevention of Money Laundering Act (PMLA) to seek the extradition of economic offenders hiding abroad. India also cooperates internationally through treaties, Interpol, and Mutual Legal Assistance Treaties (MLATs) to ensure offenders face prosecution and assets can be recovered.

India’s Approach to Extradition of Economic Offenders

Legal Framework

The Extradition Act, 1962 is the primary statute regulating extradition. Economic offences like cheating, criminal breach of trust, forgery, and fraud are covered under this act.

The Prevention of Money Laundering Act (PMLA), 2002 specifically targets offenders involved in money laundering, facilitating extradition of those accused of laundering proceeds of crime.

Inclusion in Extradition Treaties

India has bilateral extradition treaties with many countries and includes economic offences in the schedule of extraditable crimes, reflecting growing international concern over financial crimes.

These treaties require the principle of dual criminality, meaning the offence must be a crime in both India and the requesting country.

Role of Interpol and International Agencies

India issues Red Corner Notices through Interpol for fugitive economic offenders to alert member countries for possible arrest and extradition.

International cooperation enables India to track and apprehend offenders in foreign jurisdictions.

Judicial and Executive Process

Upon receiving a formal request, the Indian government forwards it to the Extradition Magistrate who examines whether the offence qualifies for extradition.

The accused is given an opportunity to contest the extradition on legal grounds.

The final decision rests with the Central Government after consulting legal and diplomatic agencies.

Special Provisions for Fugitive Economic Offenders

Under the Fugitive Economic Offenders Act, 2018, India can confiscate properties of offenders who evade prosecution by remaining outside India.

This strengthens India’s ability to pressure offenders to return and face trial.

Mutual Legal Assistance Treaties (MLATs)

India uses MLATs to obtain evidence and facilitate prosecution alongside extradition, ensuring a robust case against economic offenders.

Challenges

Delay in Process: Extradition procedures can be lengthy due to legal challenges and diplomatic sensitivities.

Non-cooperation by Some Countries: Some countries may refuse extradition citing political or other exceptions.

Complexity of Economic Crimes: The intricate nature of economic offences requires detailed documentation and proof, complicating extradition requests.

Example

Consider a high-profile case where a businessman accused of multi-crore bank fraud flees India and is found residing in Country Z. India:

Issues a Red Corner Notice via Interpol.

Sends a formal extradition request citing fraud under the Indian Penal Code and the PMLA.

Country Z’s courts review the evidence to check for dual criminality and fairness.

If satisfied, Country Z orders extradition.

The offender is surrendered to India, where prosecution proceeds and assets may be seized under the Fugitive Economic Offenders Act.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sahil Setia

Advocate Sahil Setia

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family, Motor Accident, Recovery, Media and Entertainment

Get Advice
Advocate T N Gururaja

Advocate T N Gururaja

Consumer Court, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Motor Accident, Civil

Get Advice
Advocate Mrs Veni

Advocate Mrs Veni

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Cyber Crime, Divorce, Documentation, Family

Get Advice
Advocate Nitin Kumar Jain

Advocate Nitin Kumar Jain

Cheque Bounce, Consumer Court, Court Marriage, Divorce, GST, Domestic Violence, Family, Startup, Tax, Trademark & Copyright

Get Advice
Advocate Saloni Nee Susham Lata

Advocate Saloni Nee Susham Lata

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, Supreme Court, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Ashish Bharani

Advocate Ashish Bharani

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, NCLT

Get Advice
Advocate Jangkhogin Haokip

Advocate Jangkhogin Haokip

Motor Accident, Domestic Violence, Family, Civil, Criminal, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Child Custody, Recovery

Get Advice
Advocate Nitin Kadam

Advocate Nitin Kadam

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,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,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Tax,Trademark & Copyright,Wills Trusts,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.