Shreeya Agrawal, NMIMS’s Kirit P. Mehta School of Law, Mumbai.
Abstract
Extradition is the surrender of a person accused or convicted of an offence within the jurisdiction of the requesting nation, by one nation to another.[1] The matter of extradition has huge significance in international law and relations. Extradition treaties and conventions form the most engaging part of international engagements between countries. It also forms a very important part of criminal justice system and is considered an act of good faith in terms of surrendering of an accused or convict by a country to the requesting country, wherein the offence is committed in the territory of the latter State.
Most of the extradition treaties and arrangements are entered into on the principle of reciprocity, wherein when a country surrenders a person to the requesting country, the expectation or legal agreement is that that country shall do the same when so requested. This study understands the evolution of extradition as a concept of international law, the Extradition Act and important aspects of it. It also analyses and discussed the important cases in the Indian jurisdiction on the issue of Extradition and lays down the important principles laid down in those cases. Further, it analyses the extradition treaty between United Kingdom and India. This study is done with the objective to explore further the concept of extradition by studying the established principles and understand its workings.
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