Extradition is a procedure by which one government authority formally turning over an alleged criminal to another governmental authority for prosecution for a criminal charge. As per official link the definition given by the Hon’ble Supreme Court of India, Extradition is the conveyance on the part of one State to another state of those whom it is anticipated to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
An Extradition appeal for an accused can be introduced in the case of under-investigation, under-trial, and convicted criminals. In cases under investigation, abundant precautions must 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.
EXTRADITION IN BRITISH INDIA
Extradition means the surrender of a fugitive offender by one State to another in which the offender is liable to be punished or has been convicted. The law of extradition is constructed on the extensive principle that it is in the favor of all nations that crimes recognized as such by the civilized world should not go without punishment. The law applicable for the extradition was “The Indian Extradition Act, 1903” which deals with the surrender of fugitive criminals to States outside the British Empire. The Fugitive Offenders Act, 1881 deals with the surrender of fugitive offenders as between British possessions.
Jurisdiction of Criminal Courts for The Offence Committed Beyond the Limit of British India
Under section 188 of the Code of Criminal Procedure renders British subjects and servants of Crown liable to be tried in British India for offenses committed beyond the limits of British India in certain cases. When the act has been committed in British territory the nationality of the offender does not, of itself, prevent him from being subject to the law of India and the jurisdiction of its courts, and the locality of the act is comparatively unimportant.
But when the act has been committed beyond the limits of British India, it is necessary to ascertain whether the accused is or is not, (1) A Native Indian subject of His Majesty, or (2) A British subject, or (3) A servant of the Crown. The locality of the act differs in importance rendering as the accused falls under one of the following categories.
PROCEDURE FOR EXTRADITION
The extradition process is put in motion by the receipt of information/requisition regarding fugitive criminals wanted in foreign countries. The basis of information may be openly from the diplomatic channel of the disturbed country, General Secretariat of ICPO/Interpol in the form of red notices or other recognized modes of communication.
After the requisition/information is received, a magistrate is asked to carry forward the inquiry in that case.
After a detailed inquiry, the magistrate shall issue a warrant of arrest against the fugitive.
A formal request by one sovereign nation to another sovereign nation is made based on the warrant.
If the accused person is found guilty in the country where the request for the same has been made, the accused may be arrested.
The country that arrests the accused may subject him/her to the extradition process where he/she may be deported to the country who has made the request.
It is to be taken into consideration that the accused is subjected to the laws of the nation in which he/she is found.
CONCLUSION
Extradition in India is governed by the Extradition Act, 1962 which lays down the procedure for extradition. Countries for the purpose of extradition need to enter into an agreement which is called treaty that will govern the extradition process. One of the most controversial issues relating to extradition is the exception for most political offenses, a standard clause in most extradition laws and treaties that provides the requested state with the right to trash extradition for political crimes.
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