EXTRADITION OF CRIMINAL OFFENDERS: A STUDY OF INDIA’S BILATERAL TREATIES AND INTERNATIONAL OBLIGATIONS

AUTHOR – MURUGESAN.I, BL (HONOURS), ML (CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION) & PRACTISING ADVOCATE IN MADRAS HIGH COURT, MADURAI BENCH

BEST CITATION – MURUGESAN.I, EXTRADITION OF CRIMINAL OFFENDERS: A STUDY OF INDIA’S BILATERAL TREATIES AND INTERNATIONAL OBLIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1494-1499, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Extradition plays a critical role in combating transnational crime by enabling nations to cooperate in bringing fugitives to justice beyond their territorial limits. India’s extradition framework is shaped by a combination of domestic legislation, bilateral treaties, and international obligations under conventions such as the UN Convention Against Corruption and the UN Convention Against Transnational Organized Crime. This paper explores the legal and diplomatic dimensions of India’s extradition practices, focusing on the Extradition Act, 1962, bilateral treaty provisions, and procedural safeguards. It examines key legal principles—such as dual criminality, the political offense exception, and the rule of specialty—within the context of India’s engagements with countries like the United Kingdom, United States, and the UAE. Through an analysis of case law and treaty practice, the study highlights the operational challenges India faces, including delays, diplomatic tensions, human rights concerns, and non-reciprocity. The paper argues for a more harmonized, transparent, and rights-oriented extradition process that balances sovereign interests with global legal cooperation.

KEYWORDS – Extradition, Bilateral treaties, International obligations, Political offense exception, Dual criminality, Extradition Act, 1962, Human rights in extradition