Extradition Treaty UPSC

Extradition Treaty

The middleman involved in Agusta Westland VVIP helicopter bribery case is extradited to India by Dubai police.

• British national C.J. Michel, involved in the alleged Rs. 3,700 crore Agusta Westland helicopter deal bribery case (arrested by the Dubai police in February 2017) was recently extradited to India.

Extradition Treaty:
Definition: As per Supreme Court of India ‘Extradition is 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’.
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.
Five Principles to be followed: Generally, the extradition law embodies at least five principles:

  • First, the extradition applies only to such offences which are mentioned in the treaty,
  • Second, 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,
  • Third, requested country must be satisfied that there is a prima facie casemade against the offender,
  • Fourth, extradition should be made only for the offence for which extradition was requested,
  • Finally, the accused must be provided the fair trial.

Nodal Authority: CPV Division, Ministry of External Affairs, Government of India administers the Extradition Act and it processes.

• Requests for extradition on behalf of India can only be made by the Ministry of External Affairs, which formally submits the request for Extradition to the requested State through diplomatic channels.

• It can be initiated in the case of under-investigation, under-trial and convicted criminals.

• Extradition is not available at the request of members of the public.
Difference between treaty and arrangement: India has extradition treaties with 43 countries while India has extradition arrangement with 10 countries.
Character of Treaty: Extradition Treaty is a binding agreement, while Extradition arrangement is a non-binding agreement.