EXTRADITION

Jan. 27, 2019

India is all set to sign a revamped extradition treaty with Australia that would enable both countries to exchange information on spies, terrorism and human traffickers.

About: 

  • Meaning: Extradition is a process where one governmental authority formally returns an alleged criminal to another governmental authority for prosecution for a criminal charge. It is initiated when a person commits a crime in country and flees to another country. 

  • Extradition vs deportation: Unlike deportation, extradition is a judicial process. g. in India a request to extradite an accused can be initiated only after a chargesheet is filed before the court and the court seeks the presence of the accused to face trial. 

  • Procedure in India: 
    • India can make an extradition request to any country. 

    • India’s treaty partners have treaty obligations to consider India’s requests. 

    • However, in the absence of a treaty, it is a matter for the foreign country to consider, in accordance with its domestic laws and procedures, whether the country can agree to India’s extradition request on the basis of an assurance of reciprocity. 



  • Present status: 
    • In India, the extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of Indian Extradition Act, 1962. 

    • India has extradition treaties with 43 countries and extradition arrangements with 10 countries. 



India-Australia extradition pact: 

  • India and Australia signed an extradition treaty in 2008, but it came into force only in 2011. The current extradition treaty is general in nature. But this renewed treaty will be more crime specific. It will focus on narcotics, human trafficking, spies and terrorism. 

  • India has extradited only two persons from Australia. 

Source : The Hindu