What is Extradition
Extradition refers to the formal legal procedure through which one nation hands over an individual to another nation to face criminal charges, even if the person does not agree to the transfer. In this process, a government officially surrenders a suspected offender to a foreign jurisdiction where they are wanted for prosecution. Unlike deportation, which is typically an administrative action, extradition involves judicial oversight and legal protocols.
Extradition Procedure in India
Requests for the extradition of fugitive offenders wanted by foreign jurisdictions are typically received either directly from the requesting State or via Interpol channels. Such information is routed through the Interpol Division of the Central Bureau of Investigation (CBI), which functions as the National Central Bureau (NCB) for India.
Upon receipt, the details concerning the fugitive are forwarded to the relevant state or local law enforcement agencies for verification and necessary action. Simultaneously, the information is also communicated to the Bureau of Immigration to facilitate surveillance and prevent unauthorized cross-border movement.
Subsequently, appropriate legal measures are initiated under the provisions of the Indian Extradition Act, 1962, following due process of law and in accordance with any applicable bilateral or multilateral treaty obligations.
Indian Extradition Act, 1962
In India, the process of extraditing a fugitive offender is regulated by the Indian Extradition Act, 1962. This law applies to both the transfer of individuals to India as well as from India to othernations. Extradition is typically based on a formal agreement or treaty between India and the requesting country. At present, India has signed extradition treaties with 48 nations till date.
For instance, notorious gangster Abu Salem was extradited from Portugal to India to stand trial for criminal charges. His extradition, along with that of his wife, was carried out with specific assurances — most notably, that they would not be subjected to the death sentence. This condition was necessary due to European legal standards, which generally prohibit the extradition of individuals to countries where capital punishment is still practiced.
Extradition Proceedings Relating to Mehul Choksi
Mehul Choksi, a principal accused in the ₹13,500 crore Punjab National Bank (PNB) loan fraud case, was apprehended in Belgium on Saturday. The Government of India, through diplomatic and legal channels, has formally sought his extradition to enable the initiation of criminal proceedings before Indian courts. Choksi, a 65-year-old fugitive diamond trader, is presently under investigation by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) for offences under various provisions of the Indian Penal Code, Prevention of Corruption Act, and Prevention of Money Laundering Act.
India and Belgium have a long-standing Extradition Treaty, initially concluded in 1901, which remains in force. The treaty upholds the principle of dual criminality, allowing extradition only where the alleged offence constitutes a punishable crime under the laws of both contracting states. The agreement explicitly excludes extradition for offences of a political character, or in instances where the requested individual can demonstrate that the prosecution in the requesting state is politically motivated.
Further, the treaty stipulates that if the requesting country fails to furnish prima facie evidence of culpability within a period of two months from the date of arrest, the fugitive shall be discharged from custody.
In 2020, India and Belgium enhanced their bilateral legal cooperation by entering into a Mutual Legal Assistance Treaty (MLAT), designed to facilitate the exchange of evidence and legal assistance in criminal matters, including the tracing and repatriation of fugitives.
Pursuant to the arrest of Choksi based on formal requests by the CBI and ED, the extradition proceedings are expected to commence shortly in accordance with Belgian legal procedures. Investigation teams from the concerned Indian agencies are likely to visit Belgium to coordinate with local authorities and prepare a comprehensive extradition dossier, ensuring compliance with all procedural and evidentiary requirements under Belgian law.
Common Legal Grounds for Refusal of Extradition
- Non-Compliance with the Principle of Dual Criminality
Extradition may be lawfully denied if the offence for which surrender is sought does not constitute a criminal act under the laws of the requested State. The doctrine of dual criminality mandates that the alleged conduct must be punishable in both jurisdictions. - Political Offences Exception
Most States exclude from the scope of extradition offences considered to be of a political character. However, this exception generally does not extend to acts of terrorism, crimes involving violence, or internationally proscribed offences, which are increasingly being excluded from this category under modern extradition treaties and conventions. - Risk of Inhuman or Disproportionate Punishment
Extradition may be refused where there are substantial grounds to believe that, upon surrender, the accused may be subjected to capital punishment, torture, or other cruel, inhuman, or degrading treatment or punishment, contrary to the principles enshrined in international human rights law. - Lack of Jurisdiction or Competent Authority
The requested State may decline extradition if it asserts territorial or personal jurisdiction over the alleged offence or offender, or where its domestic law precludes the exercise of extradition powers in the specific circumstances of the case. - Absence of an Extradition Treaty
In the absence of a bilateral or multilateral extradition treaty, the requested State is under no legal obligation to surrender the fugitive, unless it chooses to do so on the basis of comity, reciprocity, or under special statutory provisions.
Concluding Paragraph:
In conclusion, extradition serves as a vital mechanism in international criminal law, ensuring that fugitives do not evade justice by crossing borders. The Indian legal framework, primarily governed by the Indian Extradition Act, 1962, outlines a structured and treaty-based approach to the surrender of accused individuals. While the process is rooted in mutual legal cooperation and respect for due process, it remains subject to important safeguards, such as the principles of dual criminality, political offence exceptions, and the prohibition against inhuman punishment. High-profile cases like those of Abu Salem and Mehul Choksi illustrate both the complexity and significance of extradition in upholding the rule of law across jurisdictions. As global criminal networks become more sophisticated, effective extradition practices, grounded in legal reciprocity and human rights compliance, will continue to play a crucial role in the international fight against crime and corruption.
Contributed by Adv. Sumegh Garg