Extradition Law in India: A Legal Odyssey

  • Krishna Haritwal
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  • Krishna Haritwal

    Student at University of Mumbai Law Academy, Mumbai, India

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Abstract

Globalisation and increased connectivity have made it easier for criminals to evade the reach of the Courts. Extradition is the surrender of a person accused or convicted of an offence committed within the jurisdiction of the requesting state, by the requested state based on the maxim ‘Aut dedere aut judicare’ which means either to extradite or prosecute. New international legal frameworks are being developed with an aim to enhance international responses to organised crimes, including terror crimes and drug trafficking etc. Extradition is that legal framework through which on the principle of reciprocity, mutual assistance and comity countries can bring such fugitives to justice. This research paper aims to examine the Indian legislative framework on extradition and India’s success rate in obtaining the return of fugitives along with a brief evaluation of challenges faced by India in extradition. The paper delves deeper into India’s extradition treaties with countries like the United States of America, United Kingdom and United Arab Emirates. The methodology used for this paper is doctrinal research with empirical and comparative approach

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1145 - 1163

DOI: https://doij.org/10.10000/IJLMH.116093

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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