Extradition treaty refers to an agreement between two or more countries wherein each country, while maintain its sovereignty is not obliged to surrender an alleged wrongdoer to a foreign country. Extradition treaties have been a significant part of international criminal jurisprudence.
In India, Extradition Treaties Act, 1962 is the statute which deals with this aspect. According to the Act, a person who does any act which is mentioned in the list of extradition offences in India or a foreign country is punishable with at least one year imprisonment. India, as early as in 1950s, began signing extradition treaties with various nations, Belgium being one which entered upon agreement in 1958. India has signed extradition treaties with more than thirty countries.
The infamous Indian gangster, Abu Salem was warned by FBI after he entered the Unites States of America. He later sneaked off from US and went to Portugal via Lisbon. He was caught by Lisbon authorities. The cooperation by Portuguese authorities was a great contribution which helped CBI a lot.
However, a country may deny or refuse the request of extradition if it is made in bad faith and thinks that it may result in gross injustice.
- Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi