What Is An Extraditable Offence?

An extraditable offence refers to a crime for which a person can be legally surrendered from one country to another under an extradition treaty or law. Indian extradition law mandates that only offenses recognized as crimes in both India and the requesting country qualify for extradition, following the principle of double criminality. Typically, these are serious crimes punishable with significant penalties and listed in treaties or agreements between countries.

What Is An Extraditable Offence?

Double Criminality Principle

The offence must be punishable under the laws of both India and the requesting country. If an act is not a crime in India, it cannot be the basis for extradition.

Serious and Punishable Crimes

Usually, extraditable offences include crimes such as murder, kidnapping, drug trafficking, terrorism, fraud, human trafficking, money laundering, cybercrime, and other serious offenses.

Listed Offences in Treaties

Extradition treaties or arrangements often include specific lists or schedules of offences considered extraditable.

Minimum Punishment Threshold

Many treaties require that the offence be punishable by a minimum sentence, for example imprisonment of one year or more.

Exclusions

Political offences, military offences, or minor crimes usually do not qualify as extraditable offences. Also, if the accused risks facing the death penalty or torture, extradition may be refused on humanitarian grounds.

Example

If a country requests extradition of an individual accused of cyber fraud, Indian authorities will verify whether cyber fraud is recognized as a criminal offence in India and punishable by law. If yes, and other treaty conditions are met, cyber fraud qualifies as an extraditable offence and extradition proceedings may commence.

Steps the consumer should take:

Understand whether the alleged offence falls within the scope of extradition treaties between India and the requesting country.

Verify if the offence satisfies the double criminality principle.

Check the severity and punishment prescribed for the offence under Indian law.

Consult legal experts to raise objections if the offence is political or if human rights violations are anticipated.

Participate in judicial hearings to contest the extradition based on offence classification.

Keep informed about legal protections related to extraditable offences.