What Is Extradition & The Extradition Act, 1962 ?

Extradition under BNS and BNSS

Under the BNS and BNSS, extradition operates within a clearly defined legal framework that aligns with international standards. The Indian government is empowered to enter into bilateral agreements and treaties with other nations to facilitate the return of fugitives. BNS and BNSS outline procedures to ensure that extradition is conducted fairly, protecting the rights of the accused while upholding India’s commitment to international cooperation. This framework not only facilitates justice but also strengthens global security by preventing criminals from exploiting international borders to evade prosecution.

State’s Role in International Law

A state is generally not obligated to extradite a fugitive unless a treaty exists between the concerned nations. However, under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), India can seek extradition through diplomatic channels even in the absence of a treaty, based on principles of reciprocity and international cooperation. Some countries voluntarily surrender fugitives if their domestic laws permit, ensuring that justice is served. Extradition treaties define specific legal requirements while safeguarding national sovereignty. If no treaty exists, a country has the discretion to refuse extradition. Additionally, many states, including India, restrict the extradition of their own citizens but may prosecute them under domestic laws instead.

Extradition Laws in India

Extradition in India is governed under The Bharatiya Nyaya Sanhita (BNS) and provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which outline extradition procedures in accordance with international legal frameworks. Key principles under Indian extradition law include:

• Only offenses recognized under BNS and listed in an extradition treaty qualify for extradition.
• The offense must be punishable in both India and the requesting country.
• A prima facie case must be established before extradition is approved.
• The fugitive can only be tried for the specific crime mentioned in the extradition request.
• The accused must be assured of a fair and just trial in the requesting country.

Extradition remains a crucial legal mechanism in India’s commitment to global justice, ensuring that offenders do not evade prosecution by exploiting international borders. It strengthens legal cooperation between nations and upholds the rule of law in cross-border crimes.