Meaning
process by which one state, upon the request of another, affects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge
Includes
- charged with a crime but not yet tried
- tried and convicted but escaped custody
- convicted in absentia
Extradition Law in India
- Indian Extradition Act, 1962
- for both extraditing persons to India and from India
- basis of the extradition could be a treaty between India and another country
- India has an Extradition treaty with more than 40 countries and Extradition agreement with 11 countries
Extradition Treaty
- Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as:
- Arrangement made by India with a Foreign State, relating to the extradition of fugitive criminals
- binding on India
- bilateral in character.
Principles followed
- applies only to offences mentioned in treaty
- principle of dual criminality
- said act should be an offence in both countries
- prima facie case made against the offender.
- only for the offence for which extradition was requested.
- accused must be provided with a ‘fair trial’