Are Diplomatic Notes Legally Binding In Extradition?

Diplomatic notes (also called diplomatic correspondence or notes verbales) are official communications exchanged between states, often used to request or confirm extradition. Their legal status influences how extradition matters are handled by India’s authorities.

Legal Status of Diplomatic Notes in Extradition

Not Generally Legally Binding Like Treaties

Diplomatic notes are official communications but generally do not constitute binding legal instruments like treaties or formal agreements.

They reflect the intent, requests, or clarifications between states but do not themselves create enforceable obligations under Indian law.

Instrument of Executive Discretion

Under the Indian Extradition Act, 1962, the decision to extradite lies with the Central Government (Ministry of Home Affairs and Ministry of External Affairs), who use diplomatic notes as part of the process.

The government exercises sovereign discretion, and diplomatic notes are a tool in negotiations and communication rather than binding orders.

Treaty Versus Non-Treaty Context

If the diplomatic notes relate to a treaty obligation, they may help interpret treaty provisions but do not override the terms of the treaty or domestic law.

In non-treaty cases, diplomatic notes are even less binding and mostly persuasive or advisory.

Precedents and Practice

Indian courts have generally held that diplomatic notes are not enforceable as contracts or binding decrees but are evidence of the foreign state’s intention and cooperation.

The executive can reject or delay extradition despite diplomatic notes, especially if there are concerns related to human rights, political offences, or procedural irregularities.

Role in Facilitating Cooperation

Diplomatic notes help maintain mutual trust and communication between countries and are essential for timely and smooth extradition proceedings.

They often set out conditions, confirm identity, or clarify legal points, guiding the government’s decision-making.

Example

Country A sends a diplomatic note requesting extradition of a suspect along with supporting documents. While the note expresses a formal request and expectation for cooperation, India’s government reviews the request under the Extradition Act and decides based on legal and humanitarian grounds. The diplomatic note itself does not compel India to extradite.

Conclusion

Diplomatic notes are important official communications in extradition but are not legally binding instruments under Indian law. They facilitate diplomatic dialogue and assist the executive in making informed decisions but do not impose mandatory obligations to extradite.