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India in touch with US for extradition of 26/11 plotter

Posted 22 Aug 2024

2 min read

About Extradition

  • According to Supreme Court of India, Extradition is 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.
    • An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals.
  • Extradition framework in India
    • The Extradition Act 1962 (substantially modified in 1993) consolidated the law relating to the extradition of criminal fugitive from India to foreign states and it is administered by Ministry of External Affairs.
    • Government of India finally decides on extradition and this decision can be appealed in a higher court.
    • At present, India has an Extradition treaty with 48 countries (including Bangladesh) and agreement with 12 countries.

Global Framework for Extradition

  • United Nations Model Treaty on Extradition (1990)
  • UN Model Law on Extradition (2004)
  • United Nations Convention against Transnational Organized Crime (2000) includes provisions on extradition for offenses related to organized crime.

Major principles of extradition

  • Extradition applies only with respect to offences clearly stipulated as such in the bilateral treaty;
  • Principle of dual criminality requires that the offence for which the extradition is sought be an offence under the national laws of the extradition requesting as well as the requested country;
  • Rule of speciality: the extradited person must be proceeded only against the offence for which his extradition was requested
  • S/he must be accorded a fair trial.
  • Tags :
  • extradition
  • Extradition treaty
  • Criminality
  • MEA
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