Extradition Law in India Explained: How the Country Sends Criminals Back!

4/20/2025

In an increasingly interconnected world, international crime has become more rampant than ever—from financial fraud and cybercrimes to terrorism and drug trafficking. But what happens when a criminal crosses the border and tries to hide in another country? That’s where extradition law steps in. This article takes a deep dive into Extradition Law in India, explaining how the country retrieves or surrenders criminals under global legal norms.

What is Extradition? A Legal Definition

At its core, extradition is a legal process by which one country formally requests another to surrender an individual who is either accused or convicted of a crime. It’s not just about diplomatic agreements; it’s a structured legal procedure bound by international treaties, conventions, and domestic laws.

In India, the Extradition Act, 1962 serves as the foundational legal text governing this process. The law is built around both bilateral treaties and reciprocal arrangements, ensuring that criminals cannot seek sanctuary by simply crossing borders.

Extradition Law in India: The Legal Framework

India’s extradition policy is anchored in the Extradition Act, 1962, a robust legal framework that deals with both incoming and outgoing extradition. This law categorizes countries into two main groups:

Extradition Treaty Countries – These are nations with whom India has signed formal agreements.
Non-Treaty Countries – Where no formal treaty exists, but extradition is still possible through special arrangements or diplomatic reciprocity.

The Ministry of External Affairs (MEA)—especially its Legal and Treaties Division—plays a crucial role in handling these cases, coordinating with domestic law enforcement, foreign governments, and Indian courts.

Key Provisions of the Extradition Act, 1962

Here are some pivotal sections of the Act you should know:

Section 3: Applies the Act to treaty and non-treaty countries through notification.
Section 5: Deals with magistrate inquiries on receipt of a reference from the Central Government.
Section 7: Lays down the procedure for incoming extradition requests.
Section 21: Offers protection from extradition in case of political offences.
Section 29: Empowers the Central Government to override provisions in special circumstances, especially in the interest of justice or foreign relations.

Types of Offences Eligible for Extradition

Not every crime qualifies for extradition. There are specific criteria that must be met:

Dual Criminality: The act must be a crime in both India and the requesting country.
Minimum Severity: Usually, the crime must be punishable by at least one year of imprisonment.
Non-Political/Military Nature: Crimes should not be purely political or military.

Common extraditable offences include:

Terrorism and Organized Crime
Drug Trafficking
Money Laundering and Financial Fraud
Murder and Sexual Offences
Cybercrimes
Human Trafficking

Extradition Process in India: Step-by-Step

Let’s break down the extradition procedure in India into easy steps:

1. Initiation of Request

The requesting nation initiates a formal request through diplomatic channels, usually routed via the Indian High Commission or Embassy.

2. Examination by MEA

The Legal and Treaties Division of the MEA examines:

Validity of the treaty or arrangement
Nature of the crime
Completeness of legal documents

3. Magistrate’s Judicial Inquiry

The case goes to a Magistrate under Section 5 if everything checks out. The Magistrate verifies:

Prima facie evidence
Validity of the offence
Rights of the accused under Indian law

4. Central Government’s Final Decision

The MEA evaluates the Magistrate's report and decides whether to approve or deny extradition, considering diplomatic, legal, and human rights factors.

5. Surrender of the Accused

If approved, the individual is handed over to the requesting country at a designated location under tight security protocols.

Grounds for Refusing Extradition

India does not approve every request blindly. Here are common reasons for refusal:

Political Offence Exception: No extradition for purely political offences.
Double Jeopardy: If the accused has already been tried for the same crime in India.
Death Penalty Risk: Unless the requesting country assures that the death penalty will not be imposed or executed.
Human Rights Concerns: Including inhumane prison conditions or risk of torture.
Lack of Evidence: If prima facie case is not established or documents are flawed.

India’s Extradition Treaties: Who We Work With

India currently has extradition treaties with over 50 countries, such as:

United States
United Kingdom
France
Australia
Russia
Bangladesh
Thailand
United Arab Emirates (UAE)

India also participates in multilateral conventions, like:

United Nations Convention Against Corruption
United Nations Convention Against Transnational Organized Crime
SAARC Convention on Mutual Legal Assistance

High-Profile Extradition Cases Involving India

Let’s look at some real-world examples that grabbed headlines:

1. Vijay Mallya

Wanted for financial fraud amounting to ₹9,000 crores. Extradition was approved by UK courts in 2018, but legal loopholes have delayed his return.

2. Nirav Modi

Accused in the ₹13,000 crore Punjab National Bank scam. A UK court approved his extradition in 2021. The case is stuck in appeal due to concerns about India’s prison conditions.

3. Abu Salem

Extradited from Portugal in 2005. Portugal’s human rights standards compelled India to assure that Salem would not receive the death penalty or be imprisoned beyond 25 years.

Challenges in India’s Extradition System

Despite the legal strength of the Extradition Act, 1962, there are several practical roadblocks:

Delays in Judicial Processes: Indian and foreign courts often take years to resolve extradition.
Outdated Treaties: Many treaties lack modern provisions to handle digital and financial crimes.
Human Rights Concerns: Overcrowded prisons and alleged custodial abuse in India impact extradition decisions abroad.
Diplomatic Tensions: Relations between countries can stall or fast-track the process.
Lack of Coordination: Indian agencies sometimes fail to provide consistent documentation or strong evidence.

Recent Reforms and Global Cooperation

India is actively upgrading its extradition toolkit. Recent developments include:

Amendments to the Extradition Act to streamline procedures.
Signing new treaties with countries like Saudi Arabia and South Korea.
Better use of INTERPOL Red Notices to trace fugitives globally.
Mutual Legal Assistance Treaties (MLATs) with countries like USA, UK, Australia, and UAE.
Closer ties with global bodies like UNODC, FATF, and Commonwealth Secretariat.

These initiatives aim to make India a formidable player in international legal cooperation.

Best Practices to Strengthen India’s Extradition System

For India to maintain its global credibility in law enforcement, certain actions are essential:

Fast-track Extradition Courts to speed up hearings.
Improve prison conditions to meet international human rights standards.
Digitize documentation to ensure consistency and transparency.
Training for law enforcement and diplomats on global extradition norms.
Public awareness campaigns to promote understanding of extradition law.

Conclusion: India’s Commitment to Justice Across Borders

Extradition law in India reflects the country’s commitment to international justice and rule of law. By blending solid legal provisions with global partnerships, India ensures that fugitives can't exploit borders to escape punishment. While challenges exist, the momentum for reform and collaboration is unmistakable. As India continues to modernize its legal systems and build trust globally, its extradition regime will only grow stronger and more effective.