The Extradition Act of 1962 governs the process of extraditing individuals to and from India, and it outlines procedures for handling extradition requests based on treaties with other countries. An extradition treaty, as defined by the Extradition Act, is an agreement between India and a foreign state, pertaining to the extradition of fugitive criminals. These treaties establish the framework for extradition, including conditions for extraditable offenses, dual criminality, and the need for a prima facie case against the accused. Let’s explore more about the law which governs extradition.
Structure of Extradition Act, 1962
The Extradition Act is organized into five main chapters, each serving a specific aspect:
- Chapter I covers preliminary matters, including definitions and the act’s scope. This chapter establishes what constitutes an “extradition crime” and defines key terms used throughout the legislation.
- Chapter II lays about extradition of fugitive criminals to foreign states to which chapter III does not apply.
- Chapter III pertains to the return of fugitive criminals to foreign states through extradition arrangements.
- Chapter IV slates about the surrender or return of accused or convicted persons from foreign states.
- Chapter V contains miscellaneous provisions, including penalties for violations and procedural details.
It is how the Extradition Act balances judicial and executive powers. Courts handle the legal determination of whether extradition requirements are met, while the government makes the final political decision of whether to extradite or not.
Extradition Crimes and Key Aspects
Extradition Treaties
These are agreements between India and other countries that define the process and conditions for extraditing individuals accused or convicted of Crimes.
India’s Extradition Act, 1962
This Act provides the legal framework for extradition in India, both for sending individuals to other countries and for receiving them from other countries.
Role of the Central Government
The Central Government of India plays a crucial role in the extradition process, deciding whether to grant or refuse extradition requests.
Extradition Process
The process involves a formal request from a foreign government, scrutiny by Indian authorities (including the Ministry of External Affairs), and a judicial inquiry before a Magistrate.
Famous Extradition Cases in India
- Vijay Mallya Extradition
An Indian businessman, is wanted in India for alleged fraud and money laundering related to his defunct Kingfisher Airlines. He fled to the UK and has been fighting extradition to India, citing concerns about conditions in Indian prisons and allegations of political motivation. The UK courts have approved his extradition, but the process has been delayed due to various legal challenges.
- Nirav Modi Extradition
A diamantaire ( is a professional involved in the diamond industry) is also wanted in India for his alleged role in the Punjab National Bank (PNB) fraud case. Like Mallya, he fled to the UK and is fighting extradition, raising similar concerns about human rights and prison conditions. The UK courts have also ordered his extradition, but it is currently on hold due to pending legal appeals.
- Abu Salem Extradition
A convicted gangster, was extradited from Portugal in 2005 in connection with the 1993 Mumbai bombings and other criminal cases. His extradition was notable as it involved assurances from the Indian government regarding the offenses for which he would be prosecuted.
Frequent Questions around Extradition Act
Q. What is the Extradition Treaty Act, 1962?
Answer – An Extradition Treaty is notified either under Chapter-II or Chapter III of the Act. The Extradition Act, 1962 prescribes separate procedures for handling extradition requests from different countries depending on the procedural and evidentiary requirements envisaged in the relevant extradition treaty.
Q. What are the different types of Extradition?
Answer – The procedure for extradition in India is divided into 2 categories: Procedure for extradition from India and Procedure for extradition to India. The process for the extradition of a fugitive criminal from India begins when the request of a wanted criminal from India is sent.
Q. Which Countries have Extradition treaties with India?
Answer – India has extradition treaties with 48 countries and extradition arrangements with 12 countries, according to the Ministry of Home Affairs website. Some of the countries with extradition treaties include the United Kingdom, the United States, Canada, Hong Kong, and Switzerland. Examples of countries with extradition arrangements include Fiji, Italy, and Sri Lanka, according to the Ministry of Home Affairs.
Q. Central Authority for Extradition Matters?
Answer – In the Government of India, the Ministry of External Affairs acts as the Central Authority for extradition matters. Within the Ministry of External Affairs, CPV Division is the nodal point for dealing with extradition matters.
Conclusion
The Extradition Act of 1962 serves as India’s primary legal framework for international criminal cooperation, enabling the transfer of accused and convict persons between countries while maintaining strict safeguards. The Act balances the need for global justice with protection of individual rights, establishing clear procedures for extradition requests, judicial review, and government decision making. Through its comprehensive provisions covering extraditable offenses, procedural requirements, and protective exceptions, the Act continues to evolve with India’s changing international relationships and emerging challenges in cross-border crime. Understanding this legislation is essential for legal practitioners, policymakers, and citizens interested in how India manages international justice cooperation.
The Extradition Act of 1962 has been introduced by our intern, Mr. Rushikesh Sawant. He has been assisting the team in bringing informational legal blogs.
