Extradition Laws in India

When an arrested fugitive offender is brought before a magistrate, the judge binds the offender of the prison as soon as he is satisfied that the confirmed arrest warrant is duly certified and that the offence of which the fugitive perpetrator is accused or convicted is an extraditable offence, the fugitive offender to the prison to await his return, and sends a certificate of inspection to the central government. If the judge is not satisfied with the certification of the approved arrest warrant or if the offence falls within the scope of an extraditable offence, he or she may, pending further orders from the central government, either detain the fugitive offender or release him or her on bail. At the end of the investigation, the judge submits his report with the specified documents to the central government. Section 25 of the Extradition Act gives a judge participating in an extradition investigation the power under the Code of Criminal Procedure of 1973 to grant bail to any fugitive offender arrested or detained under the provisions of the Extradition Act. British Home Secretary Priti Patel approved the extradition of fugitive offender Nirav Modi in April. India and the United Kingdom signed a traditional treaty in 1992. Nirav Modi, a diamond trader in India, has been accused of being the main beneficiary of the fraudulent issuance of commitments for fraud by the Punjab National Bank (PNB) amounting to Rs 13,570 crore. The prominent jeweller has been at Wandsworth Prison since his arrest on 19 August. In March 2019, he was arrested at a London Underground station on the basis of an extradition order executed by Scotland Yard, and his attempts to apply for bail were repeatedly rejected. [17] Nirav Modi appealed to the UK Supreme Court against extradition to India. The High Court of the United Kingdom refused to accept his request. Nirav is the subject of two criminal proceedings, the CBI case in connection with the GNP fraud by fraudulently obtaining commitments and the ED case in connection with the money laundering of the proceeds of this fraud. [18] [18] www.latestlaws.com/latest-news/nirav-modi-s-plea-against-extradition-to-india-turned-down-by-uk-high-court/ The alleged perpetrator cannot be extradited to the requesting State in the absence of a contract.

States are not obliged to extradite aliens or if the offence is not identified in the Treaty as an extraditable offence. Extradition may be refused for purely military and political offences. Terrorist offences and violent crimes are excluded from the definition of political offences for the purposes of extradition treaties. In cases where there is dual criminality and the act constituting the offence constitutes a criminal offence in both the requesting and foreign countries, the offence may be tried in both countries on the basis of factors such as the territory where the offence was committed and the nationality of the accused. (Note: This list is only an indicator, and the documents that must be submitted by a foreign country with a request for extradition to India correspond to the extradition treaty in force between the countries. In the absence of an extradition treaty and in the absence of a specific procedure provided for in the international convention under which a third State requests extradition, the following list may be used as a reference point for documents normally submitted in support of an extradition request.) An extraditable offence is defined as an offence which, under the legislation of both States Parties, may be punishable by deprivation of liberty for at least one year, excluding offences of a political nature, but also offences of a complete fiscal nature, or serious offences such as murder, explosion, terrorism, etc. The request for extradition may be refused if the person is charged with the extraditable offence before the courts of the requested State or if the accused is satisfied that the prosecution in the requested State is unjust, oppressive, biased or discriminatory. If the application concerns a person who has already been convicted, a certificate of conviction is required. In urgent cases, the person may be provisionally detained by the requested State until his or her request for extradition has been processed.

However, he may be released after 60 days from the date of his arrest if his request for extradition has not been received. Once a person has been extradited to the requesting State, he or she may be prosecuted within 45 days only for the requested offence, a minor offence or an offence to which the requested State has consented. Extradition may be refused for an offence punishable by death in the requesting State, and no death penalty shall be imposed in the requested State for the same offence. After extradition has been granted, the requested State shall surrender the accused at a given time, or the requesting State shall expel the person from the territory within one month or as indicated. [13] The only situation in which a refugee may be extradited to a non-contracting party is to follow the procedure provided for in Article 3(4) of the Extradition Act, according to which a notification from the central government is required that an international convention signed by both India and the non-contracting partner country treats as an extradition treaty for the offences set out in that international convention. Becomes. In those circumstances, the only offences for which extradition may be requested are the specific offences provided for in the relevant international convention. [ii] The first known extradition treaty was negotiated in 13 BC. J.-C.

between the Egyptian pharaoh Ramses II and Hattusili III, the Hittite king. According to the treaty, the two monarchs swore to the other to extradite political refugees to their homeland. Where there is an extradition agreement between the countries concerned, the extradition request shall comply with the specific requirements contained therein. With regard to the General Guidelines for Investigations Abroad and the Issuance of Letters rogatory issued by the Ministry of the Interior, requests for extradition are submitted only after an indictment has been filed, has been informed of it and an arrest warrant has been issued. If the accused is to be arrested and brought before the Indian courts, the necessary measures are taken within the framework of the extradition procedure. Section 2 (d) of the Indian Extradition Act, 1962 defines an "extradition treaty" as a treaty, agreement or arrangement that India has entered into with a distant State on the extradition of fugitive criminals and that extends to India and is binding on India. Extradition treaties have traditionally been bilateral in nature. The consensus in the law of nations is that a state is not obliged to extradite an alleged criminal to a distant state because a principle of sovereignty is that each state has legal authority over the people within its borders. The absence of an international obligation, and thus the desire to demand such criminals from other countries, has led to the development of an Internet of extradition treaties or conventions.

In the absence of an extradition treaty applicable on the ground, a sovereign should request the expulsion or lawful return of a corporal under the domestic law of the requested State When a fugitive offender appears or is brought before a judge, the judge investigates the case by examining the evidence presented in support of the extradition request and the evidence presented by the fugitive offender [...].