Understanding meaning of Extradition Treaty and Arrangement

Ankit Juyal

“Extradition is an act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. It is a cooperative law enforcement process between the two jurisdictions and depends on the arrangements made between them”.

Besides the legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.

Through the extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction (“the requested state”). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process.

In India, the extradition of a fugitive from India to a foreign country or vice versa is covered by the provisions of the Extradition Act, 1962 which forms the current legislative basis for this area of law. The act lays down the first principles of extradition law.

“The obligation to extradite springs out of treaties/arrangements/conventions entered into by India with other countries. Under Section 3 of the Extradition Act, a notification can be issued by the Government of India extending the provisions of the Act to the countries notified”.

• As per the Provisions of Section 2(d) of Extradition Act 1962 defines ‘Extradition Treaty, Agreement or Agreement made by India with a Foreign State, relating to the Extradition of Fugitive criminals and includes Treaty, agreement or agreement relating to the Extradition of Fugitive criminal made before the 15th day of August 1947, which extends to and is binding on India.  Extradition treaties are traditionally bilateral in character.
• India has Extradition Treaty with 48 Countries and Extradition arrangement with 10 other Countries.
• The major difference between a treaty and arrangement is similar to a written agreement and a verbal agreement, or a binding agreement and nonbinding agreement.
• The Extradition Treaty is signed after keeping in view the divergence between the laws of various countries. The treaty generally accepts the principle of dual criminality, so a person who is a fugitive in India will also be treated as a fugitive and criminal in the country in which he / she asylum.
• As far as arrangements are concerned the countries agree to assist mutually in “legal procedures” , without any binding agreement.

Let’s take an example: IF with country A we have a treaty –the country A will act upon the articles enshrined in the extradition treaty when a criminal flees from India to that country. This follows the Arrest, detention of property and Extradition.

If we have arrangement, the criminal may or may not be detained depending upon the local laws. If detained, he may be extradited as per the existing as per the International Regulation Only.

Recently, In 2018 Indian Parliament amended the Extradition Act with the purpose to bring the Fugitive Economic Offenders like Vijay Mallya, Nirav Modi, Mikul Parimal Choksi and other offenders in India.