Extradition and law relating to it

Extradition can be defined as a legal process of one nation in which a person who has been accused of committing a crime or has been convicted of a crime in another nation is delivered into the custody of a law enforcement agency of that nation in which he is accused or convicted of crime. For better understanding of the definition of extradition following example should be taken into consideration: If A has been accused of a committed a crime in nation X and he fled to nation Y, then if the accused A
is delivered into the custody of a law enforcement agency of that nation X then it will be known as extradition. The Supreme Court has also defined the term “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”.

Legal provisions regarding extradition

The extradition of a fugitive to and from India is governed by the provisions of Indian Extradition Act, 1962. It is important to understand that the extradition is based on treaties or arrangements or conversions so Indian Extradition Act , 1962 has to be read along with those treaties or arrangements or conversions. The term extradition treaty is defined in section 2(d) of Indian Extradition Act 1962 as” a treaty or agreement or arrangement made by India with a foreign State relating to the extradition of fugitive criminals, and includes an treaty or agreement or arrangement relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India”. The extradition is applied only to those offences which are mentioned in the treaty.

The Government of India presently has bilateral Extradition Treaties with forty-two countries like UK,USA,UAE, Turkey, Russia and extradition arrangements with nine more countries like Fiji, Italy, Papua New Guinea, Peru, Singapore, Sri Lanka, Sweden and Tanzania. Generally the basis of extradition could be a treaty between India and foreign nations but in absence of a treaty, an arrangement can be made for extradition. Section 3(4) of the Indian Extradition Act, 1962, provide for arrangement in detail , it states that ‘the Central Government may, by notified order, treat any convention to which India and a foreign state are parties, as an Extradition Treaty made by India with that foreign state providing for extradition in respect of the offences specified in that Convention’. For instance India is a party to the 1997 International Convention for the Suppression of Terrorist Bombings so in case when a treaty is absent it provides a legal basis for extradition in terror crimes.

With globalisation and growing connectivity in the world, there has been a growth in the crimes committed internationally. Criminals often tend to leave the nation in which they have committed crime in order to evade punishments.Thus, extradition is a very effective way in which cooperation among all the nations shall help in curbing these crimes at international level and at the individual level as well by ensuring punishment to people who have committed crimes. There is a need for a binding treaty that is accepted by all the nations in the world regarding extradition and a requirement is to set up a nodal agency which facilitates the extraction.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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