What Is The Standard Of Proof Required In Extradition Trials?

In extradition matters, courts are not expected to conduct a full-fledged criminal trial. Instead, they assess whether there is sufficient legal basis—based on the standard of a prima facie case—to justify sending the individual to the requesting country for prosecution or punishment.

Standard of Proof in Extradition Proceedings

Prima Facie Evidence

Indian courts require the establishment of a prima facie case against the person sought to be extradited.

This means that the evidence presented must be enough to show that a reasonable person could believe the person has committed the offence alleged, if the facts were proved at trial.

Not the Same as Criminal Trial Standard

Unlike criminal trials, where the prosecution must prove guilt beyond reasonable doubt, extradition proceedings are not aimed at determining guilt.

The inquiry is preliminary and procedural, limited to establishing whether the allegations are credible and legally sufficient to justify extradition.

Judicial Role Under the Indian Extradition Act, 1962

Under Section 7 and Section 10 of the Act, a Magistrate conducts an inquiry similar to a committal proceeding and forwards the report to the Central Government if a prima facie case is found.

The final extradition decision is made by the Ministry of External Affairs (executive authority).

Admissibility of Foreign Evidence

Under Section 10(2), documents sent by the requesting country are admissible in evidence if authenticated by an appropriate authority.

The court is not required to test the veracity or credibility of witnesses, only whether there is enough legal evidence to support extradition.

Probable Cause (In Case of U.S. or Common Law Requests)

In requests from countries like the United States, Indian courts may apply the probable cause standard, equivalent to the prima facie requirement in Indian law.

No Mini-Trial

Courts do not evaluate defenses or alibis, nor do they weigh competing versions of facts.

The person can contest their innocence in the requesting country, where the actual trial will be conducted.

Example

Country Y requests the extradition of an individual accused of financial fraud. It submits documentary evidence, including emails, contracts, and a preliminary charge sheet. The Indian magistrate examines the materials and finds that the documents support a prima facie case. The matter is forwarded to the Central Government, which then decides whether to extradite.

Conclusion

The standard of proof in Indian extradition proceedings is prima facie—a lower threshold than in criminal trials. The court does not decide guilt or innocence but ensures that there is enough credible, legally admissible material to justify extradition. This procedural safeguard balances international cooperation with the protection of individual rights under Indian law.