Law4u - Made in India

What Is A Custody Pending Extradition Order?

Answer By law4u team

When a foreign country requests extradition of a person residing in India, the Indian authorities may take the person into custody to ensure their availability during the extradition process. This detention is known as custody pending extradition order.

Meaning and Purpose of Custody Pending Extradition Order

Definition

A custody pending extradition order refers to the detention of a person by Indian authorities during the pendency of the extradition proceedings.

The purpose is to prevent the person from fleeing or evading the extradition process.

Legal Basis

Under Section 8 of the Indian Extradition Act, 1962, the magistrate may issue a warrant of arrest to take the person into custody.

The person is then produced before the magistrate for the extradition inquiry.

Duration of Custody

The custody continues until the extradition decision is finalized by the competent authorities.

It may involve judicial custody (in prison or police lockup) or police custody as per the court’s direction.

Rights and Safeguards

The detained person has the right to legal representation and to challenge the detention or extradition by filing a habeas corpus petition under Article 226 or 32 of the Constitution.

Courts ensure that detention is not arbitrary and follows due process.

The person must be informed of the grounds for detention and extradition request.

Judicial Inquiry

During custody, the magistrate conducts an inquiry to verify if the prima facie case for extradition exists.

If no prima facie case is found, the person may be released.

Preventive Nature

Custody pending extradition is preventive, not punitive. It does not imply guilt but ensures presence during the legal process.

Example

Country X requests extradition of Mr. A from India for fraud charges. Upon receiving the request, the Indian magistrate issues an arrest warrant, and Mr. A is taken into custody pending extradition. Mr. A is provided legal counsel and challenges the extradition. The court holds the inquiry while Mr. A remains in custody until the final decision is made.

Conclusion

A custody pending extradition order is a lawful detention of a person during extradition proceedings to ensure their availability and prevent escape. Indian law provides legal safeguards to protect the rights of the detained person, balancing state interests and individual freedoms.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ajay Kumar Gupta

Advocate Ajay Kumar Gupta

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, Tax, Supreme Court, Succession Certificate, Trademark & Copyright, Revenue, Wills Trusts, International Law, R.T.I, Family

Get Advice
Advocate Mohan Singh Bisht

Advocate Mohan Singh Bisht

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

Get Advice
Advocate Ettappan

Advocate Ettappan

Criminal, Family, Divorce, Anticipatory Bail, Domestic Violence

Get Advice
Advocate Dilip Fojmal Jain

Advocate Dilip Fojmal Jain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Tax, Revenue

Get Advice
Advocate Sandip K Patel

Advocate Sandip K Patel

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Divorce, Domestic Violence, Family, Cyber Crime

Get Advice
Advocate Gautam Kumar

Advocate Gautam Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Recovery

Get Advice
Advocate Shaikh Irfan

Advocate Shaikh Irfan

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Muslim Law

Get Advice
Advocate Vadde Urukundu

Advocate Vadde Urukundu

Anticipatory Bail, Civil, Criminal, Cyber Crime, Divorce

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.