Extradition

Extradition

Subject: Polity

Context:

• Nirav Modi seeks permission to appeal extradition in UK court.

What is Extradition:

• Extradition is the 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.
• The Supreme Court defined extradition as the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
• Extraditable persons include those charged with a crime but not yet tried, those tried and convicted who have escaped custody, and those convicted in absentia.

When Extradition can be initiated:

• An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals.
• In cases under investigation, abundant precautions have to be exercised by the law enforcement agency to ensure that it is in possession of prima facie evidence to sustain the allegation before the Courts of Law in the Foreign State.

What is Extradition Procedure in India:

• Information about the fugitive criminals wanted in foreign countries is received from the country or through Interpol.
• The Interpol wing of the CBI then passes the information to the concerned police departments.
• The information is also passed on to the immigration authorities.
• Then, action can be taken under the Indian Extradition Act, 1962.

What are the Extradition Laws in India:

• In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962.
• This is for both extraditing persons to India and from India to foreign countries.
• Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty, Agreement or Arrangement made by India with a Foreign State, relating to the extradition of fugitive criminals which extends to and is binding on, India.
• Extradition treaties are traditionally bilateral in character.
• Generally, there are five principles which are followed under the treaty:
  • The extradition applies only to such offences which are mentioned in the treaty.
  • It applies the principle of dual criminality which means that the offence sought to be an offence in the national laws of requesting as well as requested country.
  • The requested country must be satisfied that there is a prima facie case made against the offender.
  • The extradition should be made only for the offence for which extradition was requested.
  • The accused must be provided with a fair trial.
• The Indian Extradition Act, 1962 was substantially modified in 1993 by Act 66 of 1993.

Who is the nodal authority for Extradition in India;

• The Consular, Passport & Visa(CPV) Division, of the Ministry of External Affairs, administers the Extradition Act and it processes incoming and outgoing Extradition Requests.