Extradition And General Conditions of Extradition

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Recently, the extradition of the fugitive economic offender is in news.

Extradition Treaties Of India And General Conditions of Extradition is to make someone return for trial to another country or state where they accused of doing something illegal.

The process by which one state, upon the request of another, effects 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.

Extradition Treaties: Extradition treaties help offer a described prison framework for the return of fugitives among countries.

Extradition Act 1962 provides India’s legislative basis for it. Section 2(d) of Extradition Act 1962 defines an ‘Extradition Treaty’ as an Agreement made by India with a Foreign State.

Referring to the Extradition of fugitive criminals and consists of any treaty, agreement or association regarding the Extradition of fugitive criminals.

General Conditions of Extradition:

Principle Of Extraditable Offences lays down that it applies best with recognizing offenses virtually stipulated as such within the treaty.

Rule of Specificity:

The extradited man or woman have to proceed against most effective in opposition to the offense for which his extradition became asked.

Free & Fair Trial:

A person ought to accord a fair trial (part of global human rights law now). Therefore, the judiciary has to use those principles and conditions when no treaty exists.

Nodal authority for Extradition in India:

MEA, Government of India is the Nodal Authority that administers the Extradition Act. In other words, it proceeds incoming and outgoing Extradition Requests.


How Extradition is different than other systems?

Deportation: Person ordered to leave a country and isn’t allowed to go back to that country.

Exclusion: Person is against the law from staying in a specific part of a sovereign country.

In other words, Deportation and Exclusion are non-consensual orders that don’t require a treaty. Because deportation ruled by the Foreigners Act, 1946.

Countries such as the US, UAE, UK, Canada, Australia and France are among the 47 countries with which India inked extradition treaties.