Extradition

In the International law, extradition is referred to as the surrender of an alleged or convicted criminal by one
State to another. Many times, a person after committing a crime run away from one jurisdiction to another
through legal or illegal ways, so in order to punish that person for his/her act, one country can make a
request of extradition after showing sufficient proof. Extradition plays an important role in the battle against
crime. Extradition treaties between nations help in facilitating extradition of a criminal.The Extradition is
based on the Latin term “aut punier aut dedere” (either punish or surrender).The law of Extradition mainly
based on multilateral or bilateral treaties and municipal laws consolidated by particular countries.

Extradition is regulated within countries by extradition acts and between countries by diplomatic treaties.
The first systematic attempt to define extradition was made by Belgium by enacting act providing for
extradition in 1833, which also passed the first law on the right to asylum.

Definition of Extradition in International Law

According to Oppenheim, Extradition is the delivery of an accused or convicted individual to the state on
whose territory the alleged criminal happens to be or the time being.

In Black’s Law Dictionary, extradition has been defined as “The surrender by one state or Country to
another of an individual accused or convicted of an offense outside its own territory and within the territorial
jurisdiction of the other, which, being competent to try and punish him, demands the surrender.

Political criminal
This is one of the most controversial issue reacting to extradition and also one of its exception. A fugitive
criminal shall not be surrendered if the offence is of a political nature and if it is termed as a “political
offence”. This trend was started during French Revolution and then followed by other countries.

In castioni’s case[1], castioni a Swiss subject had in 1890 taken part in political disturbances in Switzerland
in the course of which he killed a municipal commissioner. In the extradition treaty, the British court had
ordered the release of castioni on the ground that the offence was political as castioni had fired the shot with
the intention of and in furtherance of the object of getting rid of the government.

Military and Religious Criminals

Military, religious and trifling offences are not generally subject to extradition proceedings.

The Rule of Speciality

The fugitive demanded shall not be liable to be tried for any offence other than that mentioned in the request
for his extradition.

In U.S.A vs. Rauscher[2] , Rauscher a Sailor was surrendered by Great Britain to the U.S.A to stand for
murder, but he was tried for inflicting cruel injuries. The Supreme Court of the U.S.A on appeal quashed the
conviction as he was tried for an offence other than the one mentioned in the request for extradition.

Double Criminality
The crime must be an offence in both the requesting as well as the surrendering state. This is based on the
principle of Double Criminality.

In the Eisher extradition case[3] , Gerhert Eisher, an alien communist convicted in America of some
offences and fled to England. He was arrested by the British Police and tried before a Magistrate. The
British Magistrate discharged him as the offence of Perjury for which he was convicted in America did not
fall technically under the offences of Perjury in England. This case emphasises the principle of Double
Criminality in Extradition law.

Prima Facie Evidence

There must be a prima facie evidence of the guilt of the fugitive criminal before he is surrendered to the state
demanding his extradition. The requested state must satisfy itself that there is a prima facie evidence of guilt
of the fugitive. If there is no such evidence, the fugitive cannot be extradited.

In Singh’s case[4] Nepal government satisfied that there was a Prima Facie Evidence of the guilt of the
fugitive Criminal before he was surrendered to India.

Importance of Extradition
At the global level, extradition plays a vital role in fight against crime and ensuring justice.

Following are some important or salient features of extradition:

 Its main objective is to prevent criminals who flee from one State to another from punishment for their
criminal offence.
 It is based on the principle of reciprocity (States that favours, benefits or penalties that are granted by
one State to the citizen of another, should be return in kind).
 Bilateral extradition treaties between nations are base of extradition procedure.
 It is important to extradite accused or criminals to the country in whose jurisdiction crime has been
committed, because that country has a proof to punish those persons.
 It acts as a deterrent to criminals as hand of law will catch even if they run away into another
jurisdiction.
 It will play significant role in curbing cross border trafficking, organised crime, terrorism etc.
 It will ensure peace and security around the world.

Role of Interpol in Extradition

The International Criminal Police Organisation (ICPO Interpol) is an international organisation which plays
a vital role in extradition procedure. Its chief task is to facilitate worldwide police cooperation and crime
control. It was the first international organisation to recommend to member countries a draft general
agreement for the extradition of offender.

Later in the year 1948, the General Assembly of organisation adopted draft as Integration Criminal Police
Commission. Since its inception, the General Secretariat of the ICPO Interpol has taken two main initiatives
to facilitate international police co-operation in matters relating to extradition.

The first initiative provides for the publication of circulars, formulating provisional measures, easing
identification and arrest of a person wanted on a warrant of arrest.

The second initiative taken by the ICPO-Interpol consist the dissemination of national extradition law.

In this regard, a resolution was passed in 1967 in Tokyo. The pre-extradition circular and the text of
extradition laws of the member countries received from the General Secretariat are being maintained in the
Interpol wing.

Extradition in India
India enacted Indian Extradition Act, 1962 which govern the extradition of a fugitive from India to a foreign
country or vice versa. The act was substantially modified in 1993.

Article 34 (b) of the Indian Extradition Act, 1962 provides procedure for the arrest and extradition of
fugitive criminal, under certain conditions which includes receipt of the request through diplomatic channels
only and under the warrant issued by a Magistrate having a competent jurisdiction.

Section 41(1) (g) of the Cr.P.C, 1973 authorizes the police to arrest a fugitive criminal without a warrant,
however, they must immediately refer the matter to Interpol Wing for onward transmission to the
Government of India for taking a decision on extradition or otherwise.
As per Section 188 of Cr.P.C, 1973 as if the offence has been committed at any place in India at which he
may be found, the trial of such a fugitive criminal can only take place with the previous sanction of the
Central Government.

India has also signed many regional extradition treaties such as London scheme (non binding in nature) etc.
In 2011, Two UN Conventions i.e. the United Nations Convention against Corruption and the United
Nations Convention against Transnational Organised Crime and its three protocols have been ratified by
India. Article of these conventions can be used for the purpose of extradition.