The document discusses the concept of extradition - the process by which one state surrenders a person accused or convicted of a criminal offense in another state. There is no universal duty of extradition under customary international law; states typically enter bilateral extradition treaties. Extradition is based on the principle that an offender must be punished by the state of refuge or surrendered to the punishing state. Political, military, and religious offenses are generally not extraditable. Key principles include double criminality and specialty. Indian law allows for extradition with or without a treaty and outlines restrictions such as for political offenses. Important cases involving extradition in India are discussed.
The document discusses the concept of extradition - the process by which one state surrenders a person accused or convicted of a criminal offense in another state. There is no universal duty of extradition under customary international law; states typically enter bilateral extradition treaties. Extradition is based on the principle that an offender must be punished by the state of refuge or surrendered to the punishing state. Political, military, and religious offenses are generally not extraditable. Key principles include double criminality and specialty. Indian law allows for extradition with or without a treaty and outlines restrictions such as for political offenses. Important cases involving extradition in India are discussed.
The document discusses the concept of extradition - the process by which one state surrenders a person accused or convicted of a criminal offense in another state. There is no universal duty of extradition under customary international law; states typically enter bilateral extradition treaties. Extradition is based on the principle that an offender must be punished by the state of refuge or surrendered to the punishing state. Political, military, and religious offenses are generally not extraditable. Key principles include double criminality and specialty. Indian law allows for extradition with or without a treaty and outlines restrictions such as for political offenses. Important cases involving extradition in India are discussed.
The document discusses the concept of extradition - the process by which one state surrenders a person accused or convicted of a criminal offense in another state. There is no universal duty of extradition under customary international law; states typically enter bilateral extradition treaties. Extradition is based on the principle that an offender must be punished by the state of refuge or surrendered to the punishing state. Political, military, and religious offenses are generally not extraditable. Key principles include double criminality and specialty. Indian law allows for extradition with or without a treaty and outlines restrictions such as for political offenses. Important cases involving extradition in India are discussed.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2
EXTRADITION
“The term extradition denotes the process whereby under treaty or upon a basis of reciprocity, one State surrenders to another State at its request a person accused or convicted of a criminal offence committed against the laws of the requesting State, such requesting State being competent to try the alleged offender.” - STARKE
Duty to extradite: There is no universal rule of customary international law in existence which imposes duty of extradition. In the 19th century states started entering into bilateral extradition treaties. In the absence of extradition treaty between the States, the grant of extradition depended purely on reciprocity or courtesy.
Object of extradition: The concept of extradition is based on the maxim ‘aut puniare aut dedere’ means that the offender must be punished by the state of refuge or surrendered to the State which can and will punish him. Due to jurisdiction limitation and the principle of territoriality assumption of criminal jurisdiction and also non-availability of evidence, generally the States of refuge is unable to prosecute or punish the offender.
Extradition Crimes: As a general rule of political crimes, military offences, religious offences are not subject to extradition. The exception of political offences has created a problem zone around it. For question what is political offence, how and who will determine the offence the answer is the practice of States. Generally it reveals the State of refuge is the proper forum to pronounce the above mentioned questions.
Further State practices accepts the following two principles:
a) Principle of double criminality
b) Principle of specialty
Double criminality: This rule states that it is a condition of extradition that the crime is punishable according to the law both of the State of asylum and of the requesting State.
Specialty: According to this principle, the requesting State is under a duty not to try or punish the offender for any other offence than that for which he was extradited.
Rendition: If persons be extradited under an ad hoc special agreement, the process is called “rendition”. Further it means the return of a fugitive to the State in which he is accused of having committed a crime, by the order of the State to which he has gone. It may be interesting to mention here that a deportation or refusal of asylum may have the effect of rendition.
Position in India: The extradition Act 1962 governs the law relating to extradition in India. At the outset, the act makes it clear that extradition treaty is not the only basis for extradition. Extradition, under Indian laws is possible even in the absence of extradition treaty. (Sec 2(i)(ii))
As per Sec 4 of the Act a requisition for the surrender of a fugitive criminal of a foreign state or a commonwealth country may be made to the Central govt. Central govt has unfettered discretion on the issue of the grant of extradition. Sec 31 of the Act contains restrictions on surrender (exceptions for the grant of extradition) A fugitive criminal shall not be surrendered or returned to a foreign state or a commonwealth country.
a) If the offence in respect of which his surrender is sought is of a political character.
b) If prosecution for the offence in respect of which his surrender is sought is according to the law of that State, barred by time; c) If he has been accused of some offence in India, not being the offence for which his surrender or return is sought, or is undergoing sentence under any conviction in India until after he has been discharged, whether be acquittal or on expiration of his sentence or otherwise. d) Until after the expiration of 15 days from the date of his being committed to prison by the Magistrate.
