Law and You > Criminal Laws > Indian Penal Code > Extradition
Due to increased and faster modes of transport and technology, it is quite possible for a person to escape to another State after committing a crime in his own. Normally the criminals think that a person cannot be punished in a state where he escapes after committing the crime due to lack of jurisdiction or due to some technical rules of criminal law but it is not true as criminals are extradited so that their crimes may not go unpunished. It is based on reciprocity. As the state which is requesting today for criminals may have a request for extradition of criminals in the future by the other state. So both depend on each other. The state where crime has been committed is in a better position because the pieces of evidence are very easily available in that state. So no one can interfere during their trial. Extradition is founded on the broad principle that it is in the interest of the civilized communities that criminals should not go unpunished and on that account, it is recognized as a part of the comity of nations that one State should ordinarily afford to another state assistance towards bringing offenders to justice.
Extradition is the legal process by which a person is transferred from one country to another without the person’s consent. Here, a governmental authority formally and legally turns over an alleged criminal to another government for the person to face prosecution for a crime. It is a judicial process, unlike deportation. The process of extradition is regulated by treaties. In Extradition, there are two States involved, the Territorial State for example – State, where an accused or convicted, is found and to whom the request is made. And another state is Requesting State, for example, a State where the crime has been committed. The request is made normally through the diplomatic channel. In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962. This is for both extraditing of persons to India and from India to foreign countries. The basis of the extradition could be a treaty between India and another country. Currently, India has extradition treaties with 39 countries.
In view of the increasing crimes in the international field in recent years, the importance and prevalence of extradition have increased. In recent years, the provisions relating to extradition find mention in international treaties. The universal recognition of human rights has enhanced the prevalence and importance of extradition. International cooperation is most essential in cases of extradition because there is hardly a country that has an extradition treaty with all the other countries of the world. Purpose of Extradition:
- To prevent crimes and to punish the criminals who have escaped from their punishment and started to reside in another country.
- To prevent and reduce the crimes in the international field and achieve international co-operation in solving international problems of a social character.
- To create a deterrent effect that criminal cannot escape punishment by escaping to another country.
- The State on whose territory the crime has been committed is in better position to try the offender because evidence is more freely available in that State only.
Dawood Ibrahim Case:
Dawood Ibrahim Kaskar is the leader of the Indian organized crime syndicate commonly known as D-Company founded in Mumbai. He is currently on the wanted list of Interpol for cheating, Criminal Conspiracy, and Organized Crime Syndicate. He is one of the dreaded criminals in the world. He is also wanted in Mumbai Bomb blasts and sport fixing crime. He is now in Pakistan but Pakistan intentionally denied his whereabouts in Pakistan. Dawood Ibrahim is a citizen of India. He has committed offences in India but now he is outside the territories of India. He is liable under Sections 2, 3, and 4 of IPC. Indian Courts have issued warrant on Dawood Ibrahim.
Vijaya Mallaya Case:
Vijaya Vittal Mallaya is an Indian businessman and politician who is the subject of Extradition. Indian Government trying to force his return from the United Kingdom to India to face the charges of financial crimes. As a treaty was signed between U.K and India in 1992 so India has made several extradition requests to the United Kingdom.
Rajan Pillai Case:
Rajan Pillai, a businessman popularly known as “Biscuit King”, was involved in a scam A non-bailable warrant was against him by the Indian Court. He was absconding. Later it was known that he had settled in Singapore. The Government of India under the Extradition Treaty asked the Government of Singapore to arrest Mr. Pillai and handed over him to the Government of India. He was arrested by the Government of Singapore and extradited to India. Consequently, a trial was conducted against him in India. During the custody in Tihar Jail, he died. His wife Nina Rajan Pillai filed a writ petition in the Supreme Court for CBI inquiry of the death of Rajan Pillai in the custody. His death created a sensation throughout the country.
Conclusion:
The law of Extradition plays an important role in maintaining peace and order in the country. It is also beneficial for the state in punishing the offenders who were trying to escape their punishment. In this process, punishment is given to the offender where he had committed the crime but also to that country from where he has extradited. It is an effective tool to be used to bring justice. So these treaties promote harmony and cooperation among states at the international level. Many offenders go unpunished due to a lack of common law, jurisdictions, and cooperation, so the states must provide treaties and conventions for them.