LAW OF EXTRADITION TREATIES IN INDIA

Extradition is a fundamental mechanism of international criminal cooperation that enables states to surrender accused or convicted individuals to the jurisdiction where the alleged offence was committed or the conviction was obtained. In an increasingly interconnected world, the growing transnational nature of crime has made extradition essential to preventing fugitives from evading prosecution and punishment across national borders. This article examines the legal principles, procedural requirements, and institutional framework governing extradition, with particular emphasis on India’s extradition regime under the Extradition Act, 1962, and its bilateral and multilateral arrangements. It analyses the roles of the requesting and territorial states, the principles of reciprocity, double criminality, specialty, and prima facie evidence, as well as the grounds upon which extradition may be refused. The article further explores the procedural stages of extradition requests, including provisional arrest, magisterial inquiry, and the decision-making authority of the Central Government. Through an examination of prominent cases involving Indian fugitives, including Vijay Mallya and Nirav Modi, it highlights the practical and diplomatic challenges associated with securing extradition. Particular attention is also given to the relationship between international legal cooperation, state sovereignty, due process, and the protection of fundamental human rights. The article argues that an effective extradition framework requires sustained international cooperation, treaty-based obligations, transparent legal procedures, and adequate safeguards against persecution and inhuman treatment to ensure accountability while upholding the principles of justice and the rule of law.