The United Kingdom’s Home Department has recently greenlighted the extradition of Indian diamond merchant, Nirav Modi. This decision is in connection with his alleged involvement in the Rs. 13,758-crore Punjab National Bank fraud. The extradition was made possible because of a treaty established between India and the UK back in 1992.
Understanding Extradition
Extradition involves one state surrendering an individual to another state, upon request, typically for legal purposes such as standing trial for a crime that is punishable under the laws of the requesting state. This process is usually triggered if the crime was committed outside the refuge state.
According to the Supreme Court, extradition refers to the process where one state surrenders an accused or convicted individual to another state where their crimes are justifiable. There are three types of people who can be extradited: individuals who have been charged but not yet tried; convicted individuals who have escaped custody; and individuals who have been convicted in absentia.
Extradition Law in India
In India, the Indian Extradition Act of 1962 governs the process of extraditing fugitive criminals. This Act applies to both extraditing individuals to India and from India to foreign countries. The basis for extradition is usually a treaty between India and another country.
To date, India has established extradition treaties with over 40 nations and has extradition agreements with 11 other countries.
Anatomy of an Extradition Treaty
The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as any kind of treaty, agreement or arrangement made by India with a foreign state concerning the extradition of fugitive criminals. Such a treaty or agreement is binding on India.
Extradition treaties are traditionally bilateral in nature. They only apply to offenses that are specified within the treaty itself. A key principle of such treaties is dual criminality, meaning the offense must be considered a crime under the national laws of both the requesting and requested countries.
For extradition to occur, the requested country must be convinced that there is a prima facie case against the offender. Extradition should only happen for the offenses for which it’s requested, ensuring the accused has access to a fair trial.
Nodal Authority and Implementation
The Consular, Passport and Visa Division of the Ministry of External Affairs in India is responsible for administering the Extradition Act. This involves processing both incoming and outgoing extradition requests.
Extradition can be sought for criminals who are under investigation, currently on trial, or already convicted. In the case of under-investigation offenders, law enforcement agencies must exercise extreme caution to ensure they have sufficient evidence to sustain the allegations before foreign courts of law.
