Extradition Law: Fundamentals And Processes – Part II

Part I of the article elaborates on legal basis and purpose extradition, the procedure and the statutory provisions of Indian Extradition Act, 1962 as well as the key aspects of the extradition treaty between India and the UK. Here we will discuss the extradition treaties between India and the US, India and UAE. This post further elaborates on the practice of non-extradition of own nationals and various issues that may be faced by States whilst processing a request for extradition.

Extradition Treaty Between India & the United States (US)

The offence is extraditable if punishable under the laws in both contracting parties by imprisonments for more than one year or by a more severe penalty. This applies:

Whether or not the laws in the contracting state place the offence within the same category of offences or describe the offence by the same terminology. Whether or not the office is one for which US federal law requires the showing of such matters as interstate transportation, or use of mail or other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a US federal court. Whether or not it relates to taxation or revenue or is one of a purely fiscal character. Extradition shall be granted for an extraditable offence regardless of where the act or acts constituting the offence were committed. Usually, an extradition treaty contains a list of extraditable offences agreed upon between the contracting States, and generally exclude political and military offences With regards to offences such as murder or other willful crimes against a Head of State or Head of Government or a member of their family, aircraft hijacking offences, aviation sabotage, crimes against internationally protected persons including diplomats, hostage taking, offences related to illegal drugs, or any other offences for which both contracting states have the obligation to extradite the person pursuant to a multilateral international agreement.

Extradition shall not be refused on the ground that the person sought is a national of the requested State.i Extradition may be refused in cases of offences under military law or political offences or where the extradition request is politically motivated.

Extradition Treaty Between India & UAE

The Government of the United Arab Emirates (UAE) and the Government of the Republic of India entered into an agreement in 1999 on mutual legal assistance in criminal suits...