extradition

Extradition is based on treaty or arrangement, since international law imposes no general duty to surrender. In India it is governed by the Extradition Act, 1962, under which the Central Government receives requests, a Magistrate inquires into the case, and the Government decides on surrender. Core principles are double criminality, the rule of speciality (the person may be tried only for the offences for which he was surrendered), and the political-offence exception.

In Abu Salem the Supreme Court examined the rule of speciality against assurances given by India to Portugal. Extradition is distinct from deportation, which is the removal of an unwanted alien without a request from another state.

Example

Having been surrendered by Portugal only for certain offences, the accused could not be tried for others because of the rule of speciality in extradition.

In Indian law

• Extradition Act, 1962
• Abu Salem Abdul Qayoom Ansari v. State of Maharashtra, 2010 INSC 602

See also

double criminality · diplomatic immunity · domicile

Read more in the study notes

• Extradition (Public International Law)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• The European system: the Convention and the European Court of Human Rights (Human Rights Law and Practice)
• Foreign companies and foreign nationals in India (International Trade Economics)
• Sources of international law (Public International Law)
• Nationality: acquisition, loss, statelessness and the Nottebohm case (Public International Law)