Topics Covered: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Extradition Treaty between India and Belgium
What to study?
For Prelims: Salient features of the treaty and exceptions provided.
For Mains: Significance and the need for the treaty.
Context: Cabinet approves signing and ratifying of the Extradition Treaty between India and Belgium.
- Obligation to Extradite: Each Party agrees to extradite to the other any person found in its territory, who is accused or convicted of an extraditable offence in the territory of the other Party.
- Extraditable Offences: An extraditable offence means an offence punishable under the laws of both the Parties with imprisonment for a period of one year or more severe punishment.
- Duration of sentence: Where extradition is sought in respect of a convicted person, the duration of the sentence remaining to be served must be at least six months at the time of making the request.
- Offences relating to taxation, or revenue or is one of a fiscal character also fall within the scope of this Treaty.
- Extradition of Nationals is discretionary. The nationality will be determined at the time the offence was committed.
Under the Treaty, extradition shall be refused if:
- The offence involved is a political offence. However, the Treaty specifies certain offences, which will not be considered as political offences.
- The offence for which extradition is requested is a military offence
- The request for prosecution has been made for the purpose of prosecuting or punishing the person on account of his race, sex, religion, nationality or political opinion.
- The prosecution of enforcement of sentence has become time barred.
What is Extradition?
As defined by Hon’ble Supreme Court of India, ‘Extradition is the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State’.
When can it be initiated?
An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals. In cases under investigation, abundant precautions have to be exercised by the law enforcement agency to ensure that it is in possession of prima facie evidence to sustain the allegation before the Courts of Law in the Foreign State.
What is the Legislative Basis for Extradition in India?
The Extradition Act 1962 provides India’s legislative basis for extradition. It consolidated the law relating to the extradition of criminal fugitive from India to foreign states. The Indian Extradition Act, 1962 was substantially modified in 1993 by Act 66 of 1993.
Who is the nodal authority for Extradition in India?
CPV Division, Ministry of External Affairs, Government of India is the Central/Nodal Authority that administers the Extradition Act and it processes incoming and outgoing Extradition Requests.
- Does India extradite its own Nationals?
- If a fugitive Criminal is found in India, what is the procedure to obtain a warrant of arrest?
- Can the decision to be extradited be appealed against by the alleged offender?
- What are the bars to Extradition?
- Does India need a treaty with a foreign country to make a provisional arrest request?
- Who can make an extradition request from India’s side?
What is Extradition? What is the Legislative Basis for Extradition in India? Discuss.