Extradition

One of the most important principles of Civilized Community is that crime should not go unpunished for protection of the interest of the people in the society.  Same principle is recognized in International law. On the basis of that principle a state generally extend to another state assistance towards bringing offender to justice. Extradition is an official process whereby one nation or state surrenders a suspect or convicted criminal to another nation or state.  The question come before is whether a state is under legal obligation of extradition. It is argued that independence and sovereignty of a state is always supreme and does not give right to a state to exercise jurisdictional authority within the territory of another state. A Nation does not have any obligation to surrender the fugitive offender to a foreign Nation. The principle of sovereignty empowers a Nation to exercise the legal authority over the subjects as well as the people within its territory.  But in the mutual interest of states for maintenance of law, order and administration of justice demands that the nations should co-operate with each other in handing over or surrendering fugitive criminals to state in which they had committed crime. The best law and place to prosecute such criminal is Nation where crime is being committed. There are several benefits for prosecuting the criminal in the Nation where crime is committed. Firstly evidence against him is freely and easily available and secondly that Nation has the greatest interest in punishment of the offender as also facilities to ascertain the truth.   A Nation surrenders fugitive offenders on the basis of special treaty with the requesting Nation. The extradition treaties can be operative if it is being incorporated in the National laws of the Nations wanting to enforce the treaty. Generally there are certain principles according to which the Nations either entertain or deny the extradition requests are principle of dual   criminality which means the act for extradition is requested by a Nation must constitute crime punishable in both requesting and requested state. Secondly the offence must not be of political nature. But the definition of political offence is not given in precise manner the national courts only decide whether the offence is political or non-political in nature. But even in absence of extradition treaty some time state party do extradite the criminals on the ground International peace and co-operation.

Asst.Prof.of Law – Rupa Pradhan

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