Framework for Extradition in India

News: 26/11 accused Tahawwur Rana was recently extradited to India from the USA under the bilateral extradition treaty between the two countries. Framework for Extradition in India.

About Framework for Extradition in India

• Extradition: It is the formal process of one country surrendering an individual to another country for prosecution or punishment for crimes committed in the requesting country’s jurisdiction.
• It is typically governed by a bilateral treaty between the two countries involved, or a larger multilateral treaty.
• The Ministry of External Affairs is the nodal Ministry dealing with the processes of extradition in India.
• The Government of India finally decides on Extradition and this decision can be appealed in a higher court.
• Countries with which India has an Extradition Treaty: According to the website of the Ministry of External Affairs, India has extradition treaties in force with 48 countries, and non-binding extradition arrangements with another 12.
• Extradition Law in India– In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962.

Global Frameworks facilitating Extraditions

• United Nations Convention against Transnational Organized Crime (2000) (Palermo Convention)
• United Nations Convention against Corruption (2003) (Merida Convention)
• United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988 Drug Convention).
• UN Model Law on Extradition (2004)
• International Convention for the Suppression of Terrorist Bombings (1997) (Terrorist Bombing Convention).
• European Convention on Extradition (1957) (Council of Europe 1957 Convention).