Challenges in Cross-Border Extradition A Study of India's Extradition Framework

Cross-border extradition has become an indispensable mechanism for combating transnational crime in an era characterized by globalization, technological advancement, and increased international mobility. As offenders increasingly exploit jurisdictional boundaries to evade prosecution, effective extradition systems are essential for ensuring accountability and strengthening international criminal justice. This paper examines India's extradition framework under the Extradition Act, 1962, and evaluates its effectiveness in addressing contemporary challenges associated with cross-border criminality. It analyses the legal principles governing extradition, including dual criminality, the rule of specialty, the political offence exception, and the protection of human rights, while exploring their practical application within India's legal and institutional framework. Through an examination of significant extradition cases, including those involving Vijay Mallya, Nirav Modi, and Abu Salem, the paper identifies persistent obstacles such as procedural delays, varying evidentiary standards, treaty limitations, diplomatic considerations, and human rights concerns that frequently hinder successful extradition. It argues that these challenges demonstrate the need to balance State sovereignty, international cooperation, and individual rights while ensuring that fugitives cannot misuse jurisdictional differences to escape justice. The paper concludes by recommending reforms aimed at expanding extradition treaties, strengthening institutional coordination, improving procedural safeguards, adopting digital evidence-sharing mechanisms, and enhancing international cooperation.