Extradition

In News -Recently,the Westminster Magistrate’s Court in London accepted the contention of the Indian government to extradite Nirav Modi.

• He duped the Punjab National Bank of billions of rupees and fled the country .
  • The evidence against him “is sufficient to order his extradition to India to face the charges.

About

• Extradition
  • The Supreme Court defined  Extradition as the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
  • The Extradition Act 1962 provides India’s legislative basis for extradition.
    • The Indian Extradition Act, 1962 was substantially modified in 1993 by Act 66 of 1993.
  • Nodal Authority: CPV Division, of the Ministry of External Affairs, administers the Extradition Act and it processes incoming and outgoing Extradition Requests.

How is it Implemented?

• • Extradition can be initiated in the case of under-investigation, under-trial and convicted criminals.
  • In cases under investigation, abundant precautions have to be exercised by the law enforcement agency to ensure that it is in possession of prima facie evidence to sustain the allegation before the Courts of Law in the Foreign State.

The Extradition Treaty

• Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty, Agreement or Arrangement made by India with a Foreign State, relating to the extradition of fugitive criminals which extends to and is binding on, India.
• Extradition treaties are traditionally bilateral in character.
• Generally, there are five principles which are followed under the treaty:
  • The extradition applies only to such offences which are mentioned in the treaty.
  • It applies the principle of dual criminality which means that the offence sought to be an offence in the national laws of requesting as well as requested country.
  • The requested country must be satisfied that there is a prima facie case made against the offender.
  • The extradition should be made only for the offence for which extradition was requested.
  • The accused must be provided with a fair trial.
• At present India has an Extradition treaty with 43 countries and an Extradition agreement with 11 countries.

Source :IE