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The Extradition Act deals with extradition in India.

But in its Sections it doesn't have any such provisions or details. and can State High court of India enquire into such extraditions?

2 Answers 2

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In general,

  1. A country X can extradite people in X to country Y, at the request of Y and to the extent authorised by X's own law.
  2. Typically, there will be an extradition agreement between X and Y (a kind of treaty) concerning how this will happen. X's domestic law will take account of the agreement, when it comes to extraditing any specific person. An agreement is not always required - it depends on X's law.
  3. Several countries refuse to extradite their own citizens. So Y could ask X to extradite a citizen of Y who is in X, or indeed a citizen of a third country Z who is in X, but not a citizen of X. Typically, for this situation, an extradition agreement between X and Y would include a provision saying that X could prosecute in place of Y, within X, rather than sending the person to Y.
  4. India is not such a country. It does allow its citizens to be extradited to other countries, in principle. By policy, if the other country Y objects to extraditing its own citizens (i.e. sending a citizen of Y, currently in Y, to India), then India will reciprocally refuse extradition of Indian citizens from India to Y.
  5. Aside from the possible nationality bar, there are plenty of other considerations for whether a proposed extradition would take place.

For example, the extradition treaty between India and Türkiye specifies in its Article 8(1) that

The nationals of a Contracting State shall not be extradited to the other Contracting State provided that the Requested State shall submit the case to its competent authorities for prosecution if the act committed is also considered as an offence under the laws of the Requested State.

That is, Indian citizens in India would not be extradited to Türkiye, but instead could be prosecuted in India. Provisions of the Extradition Act mean that the offence is treated as if it had occurred in India, for such a prosecution. This does not stop an Indian citizen in Türkiye from being extradited to India, or the reverse situation.

On the other hand, the agreement between India and the United States says in Article 3 that

Extradition shall not be refused on the ground that the person sought is a national of the Requested State.

which alongside the general obligation in Article 1 means that Indian citizens in India could be extradited to the USA, assuming all other conditions are met.

Regarding the High Court question: While the extradition proceedings must take place before a magistrate, they can be challenged by way of judicial review. The same applies to decisions made by central government as part of the process. In India this is called "writ jurisdiction" and can be exercised before a High Court, or the Supreme Court. It is limited in scope and usually would only apply if there has been some procedural irregularity, irrationality in decision-making, or violation of fundamental rights.

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  • if for example something is criminal in India and in USA , could the Indian be extradited or would India deal with the Indian through domestic laws
    – user49663
    May 3, 2023 at 11:03
  • @IndianLawDropout - The answer stated that each country would extradite its (own) nationals to the other. So an Indian would be extradited to the U.S. In contrast, since the terms of the treaty are different, an Indian accused of a crime in Türkiye would be tried in India, provided the thing they're accused of doing is also a crime in India.
    – Jeffiekins
    May 3, 2023 at 17:15
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    Took me some time to figure out what you meant, I think it would make more sense to start this otherwise excellent answer with a simple “yes, it's possible” as in “India is not one of the countries that will not extradite its nationals under any circumstances” and then add the details on treaties and reciprocity.
    – Relaxed
    May 3, 2023 at 21:46
  • If we are going for consistency, maybe it should be "Bhārata and Türkiye." ;)
    – Obie 2.0
    May 4, 2023 at 17:04
  • "Whether an Indian citizen can be extradited from India depends on treaty arrangements between India and the other country." Isn't that the definition of extradition?
    – RonJohn
    May 5, 2023 at 4:56
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In answer to the title's question: Yes

The Extradition Act 1962 does not differentiate a fugitive criminal's citizenship, (Section 2(f,)) but the procedures vary depending whether or not a formal treaty is in place.

An example of an Indian being extradited from India is Aman Vjas: a serial rapist, as reported here

And an example of an Indian citizen being extradited to India is Sanjeev Chawla which was India’s first successful extradition since the treaty was signed with the UK in 1992

Also, for interest and further reading, this Motaq article gives some background regarding India - UK extradition.

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  • But Sanjeev chawla was extradited to India from London and not the other way around. my question is if an Indian citizen commits a crime outside India and then returns to India , could India extradit its own citizens to that country ?
    – user49663
    May 3, 2023 at 9:41
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    @IndianLawDropout I've added an example of extradition from India (your question wasn't clear to me which direction you were asking about)
    – user35069
    May 3, 2023 at 12:16

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