Agreement Between States To Return Criminals

Human rights as a prohibition on extradition may be invoked with respect to the treatment of the person in the host country, including his trial and sentence, as well as the consequences for the family of the individual if extradition is granted. The repressive nature and restrictions on the freedoms imposed on an individual are part of the extradition process and are at the root of these exceptions and the importance of respect for human rights in the extradition process. Therefore, human rights, protected by international and regional agreements, can serve as the basis for rejecting extradition requests, but only as independent exceptions. [7] While human rights concerns may increase the complexity of extradition cases, they are positive because they strengthen the legitimacy and institutionalization of the extradition system. [45] The right to extradite India is governed by the Extradition Act 1962 (The 1962 Act) and the extradition treaties between India and other countries. In Section 34 of the 1962 Act, extraterritorial jurisdiction, that is, an offence of extradition committed by a person in a foreign state, was committed in India and may be prosecuted in India for that offence. In accordance with Section 216 of the Indian Penal Code of 1860, read with the Constitution of India, 1950 (List VII, List I, Point 18), extradition can be defined as the act of abandoning a fugitive criminal to the authorities of the state in which the crime was committed. Article 3, paragraph 4, of the 1962 Act categorically states that in the absence of an extradition agreement between India and a foreign state, the central government can treat any convention to which India and the foreign state have acceded, in order notified, as an extradition treaty providing for extradition in accordance with this Convention. Under Section 2 (f) of the 1962 Act, only “fugitive offenders” can be extradited. Fugitive was moved, as under the Indian Extradition Act, of a person charged or convicted of an extradition offence committed in the jurisdiction of a foreign state and a person who conspired during his country in India to attempt to commit, commit or participate in an offence of extradition to the foreign state.

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