The Supreme Court of India’s definition of the term ‘extradition’ says it is the delivery by one state to another of those who have committed crimes of which they can be accused or convicted and this accusation or conviction should also be justifiable in the Courts of the other State. The essence of the process of extradition is what enables governments to escort fugitives to justice. With the steady rise in international and cross border crimes, governments are posed with a distinctive issue of dealing with such crimes and fugitives. Defining clear legislations, rights, and obligations to combat the rise in such crimes is of utmost importance. Recently the Supreme Court of India on 1st November 2020, directed the Union Government to file a status report of the ongoing extradition process of the infamous fugitive businessman, Vijay Vittal Mallya. Ensnared in several financial scandals and controversies, Mr.Mallya left for the United Kingdom in 2016. On the 31st of August 2020, the Supreme Court directed the center to secure Mr.Mallya’s presence before it. Known through the country as the ‘King of Good Times’ owing to his opulent way of living, he has become some sort of poster boy for extradition, facing money laundering and fraud charges in Indian Courts.

As aforementioned, extradition is a diplomatic process under which one state submits a formal request to another state to execute return of custody of a criminal fugitive to face trial for crimes committed, which are punishable by laws of the requesting state, such crimes are usually committed outside the jurisdiction of the country wherein the fugitive takes refuge. Dual Criminality is an important principle concerning extradition. Under this principle, extradition is enforced when the questionable act is a crime in both the requesting and requested state.

Extradition is usually regulated within countries with separate legislations, but for the regulation of extradition between countries calls for diplomatic treaties. In India, the Extradition Act, 1962 is the rudimentary legislation dealing with extradition. Section 2(d) of the Extradition Act, 1962 defines ‘extradition treaties’ as treaties which are made by India with a foreign State related to the extradition of fugitive criminals. Some essentials while making such treaties are that extradition is applied with respect to offences that have been stipulated in the treaty, it also includes the principle of dual criminality, it is of essential importance that the requested state is contented that there is sufficient cause against the accused. The rule of speciality ensures that the person extradited may only be tried for offences that are mentioned in the formal extradition request, and be ensured a fair trial. India has signed around forty-three extradition treaties and has made extradition arrangements with eleven countries for easy facilitation of extradition of fugitives. The difference between extradition treaties and arrangements is that the latter is not obligated to act upon request, unlike treaties wherein parties have a definite obligation to act upon the terms enshrined. Countries with which arrangements have been made determine that the offender’s detention is in accordance with local laws and extradition may take place after such detention following International Regulations.

The Ministry of External Affairs is the central authority concerning extradition. It oversees and regulates all extraditions to and from India. The Extradition Act, 1962 also lays down due procedure under which offenders can be extradited from India. Recently, individuals such as Vijay Mallya and Nirav Modi have been in the limelight owing to the crimes they committed. India had only been dealing with extradition of criminals concerning syndicated crimes, all the while cases of fraud and economic offences were rising. It was only in 2018, the Fugitive Economic Offenders Act was enacted to deter fugitive economic offenders from absconding from the law. the concept of extradition is definitely a step in the right direction but it is a long and tedious process which inadvertently enables criminals to evade prosecution for several years and live almost freely in other countries.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.