The term extradition has derived from two Latin words ex and traditum. Ordinarily it may mean ‘delivery of criminals’, ‘surrender of Fugitive’, or ‘handover of fugitives.

Definition:-“The delivery of a person; suspected or convicted of a crime, by the state where he has taken refuge or taken asylum, to the state that asserts jurisdiction over him.”

L.Oppenheim: “ Extradition” is the delivery of an accused or a convicted individual in the state on whose territory he is alleged to have committed, to have been convicted of a crime.

According to Starke, “the term extradition’ denotes the process whereby under treaty or upon a basis of reciprocity, one state surrenders to another state at this request a person accused or convicted of a criminal offense committed against the law soft here questing state, such as requesting the state is competent to try the alleged offender.”

Generally, each state has complete jurisdiction over all subjects within its territory. However, in some cases the state cannot punish the guilty party. This is because such criminals fled to other countries after committing crimes. Therefore, without cooperation between nation-states in the extradition of criminals to the countries concerned, a just outcome with a true spirit cannot be achieved. Because of this fact, nation-states have adopted extradition laws. That is, the nation-state hands over criminals in judicial administration to the relevant states.

PURPOSE

The purpose of extradition is to prevent crime and punish criminals who have escaped punishment and started living in another country. As we know, it would be easier for a country to punish a criminal for committing a crime, and it would be easier to collect evidence against him for that particular crime. Jurisdiction can be punished and can be returned to the home country through extradition procedures. The purpose of the extradition procedure is therefore to prevent and curb crime on the international stage.

Therefore, the role of extradition is to prevent crime and punish criminals, because it is in the interest of all nations to punish criminals and prevent crime. It will ensure the extradition of such persons, which also depends on the principle of bilateral treaties and reciprocity, but in the absence of a treaty or agreement, the state will transfer the fugitive or You can demand the extradition of the offender It is in the interests of the country’s security and law and order to extradite the accused where he is staying.

A criminal is extradited to the requesting state for the following reasons

1. Suppression of crime- extradition is a process towards the suppression of crime. Normally a person cannot be punished or prosecuted in a state where he has fled away because of lack of jurisdiction or because of some technical rules of criminal law. Criminals are therefore extradited so that their crimes may not go unpunished

2. Deterrent effect- extradition acts as a warning to the criminals that they can’t escape punishment by fleeing to another state. Extradition, therefore, has a deterrent effect.

3. Safeguarding the interests of the Territorial state- Criminals are surrendered as it safeguards the interest of the territorial state. If a particular state adopts a policy of non-extradition of criminals they would like to flee to that state only. The state therefore would become a place for international criminals, which dangerous for it, which indeed would be dangerous for it because they may again commit a crime there if they would leave Free.

4. Reciprocity – extradition is based on reciprocity. A state which is requested to surrender the criminal today may have to request for extradition of a criminal on some future date.

5. International co-operation- extradition is done because it is a step towards the achievement of international co-operation in solving international problems of a social character. Thus it fulfills one of the purposes of the UN as provided under para 3 of article 1 of the charter.

6. Evidence- the state on whose territory the crime has been committed is in a better position to try the offender because the evidence is more freely available in that state only

Principles of Extradition :

➢ Double Criminality

➢ Extraditable Offense

➢ Double Jeopardy

➢ Rule of Specialty

➢ Rule of Reciprocity

➢ Nationality

➢ Refugee, Human Rights and Non Discrimination

➢ Political or Military Character

➢ Conviction based on Trial in Absentia.

Double criminality :

Double illegal activity refers back to the characterization of the relator’s crook behavior in up to now because it constitutes an offence beneathneath the legal guidelines of the 2 respective states. The preferred rule is that the offence in appreciate of which extradition is asked ought to be an extraditable offence now no longer best beneathneath the regulation of the asking for kingdom however additionally beneathneath the regulation of the asked kingdom. Hence, if any act is taken into consideration a criminal offense is the kingdom asking for extradition each if it isn’t a criminal offense withinside the united states of safe haven extradition isn’t granted. Example, in Eisler case 1939 the fugitive Eisler became convicted for being member of CPUSA hut controlled to escape and attain UK. He became arrested and produced For path on the English magistrate, held to be launched at the floor that the offence for which he became convicted in USA became now no longer diagnosed as a criminal offense in UK.

Extraditable offence:

The first actual requirement for a a success extradition is that the offence dedicated need to be an extraditable offence. Extradition is a process suitable best for the More extreme offences and as a result the countrywide extradition regulation of maximum States limits the quantity of extraditable offences both to sure unique offences or to offences issue to a specific stage of punishment

Double Jeopardy :

The maximum fundamental information of double jeopardy is that it refers to prosecuting someone greater than as soon as for thesame offense. Once you’re acquitted or convicted of a selected example of violating the regulation however, you cannotbe prosecuted (or punished again, if convicted) on that identical rate with the aid of using the identical authorities for that identical example ofviolating that regulation. A wonderful instance is Guy Paul Morin, who changed into wrongfully convicted in his 2d trial after the acquittal in his first trial changed into vacated with the aid of using the Supreme Court of Canada.

Rule of Speciality :

This doctrine is premised on the idea that every time a country makes use of its formal techniques to give up someone to any other country for a particular charge, the asking for country shall perform its supposed cause of prosecuting or punishing the wrongdoer handiest for the offence for which the asked country conceded extradition. The doctrine of area of expertise advanced to shield the asked usa From abuse of its discretionary act of extradition. A fugitive crook cannot be attempted for against the law aside from the crime for which he become extradited, however, if he escapes and in rearrested, he may be attempted to different offences too (US as opposed to Rouscher, wherein americaA very best courtroom docket held that the individual extradited should handiest be attempted for the crime extradited for now no longer for any other, the opposite main case is R as opposed to Corrigan, 1931).

Rule of Reciprocity :

Reciprocity is one of the prison foundation for extradition withinside the absence of a treaty that is part of global ideas of pleasant cooperation among nations. Reciprocity, as a considerable requirement of extradition (whether or not primarily based totally on a treaty or not) arises with appreciate to numerous particular elements of the process.

Extradition of nationals :

In principle, any individual, whether or not he’s a countrywide of the soliciting for State, or of the asked State, or of a 3rd State, can be extradited. Many States, however, by no means extradite certainly considered one among their nationals to a overseas State Does it imply the perpetrator is going unpunished? The solution is negative. In one of these case the asked birthday birthday celebration has to provoke crook prosecution in opposition to one of these man or woman for the equal offence in keeping with its laws.

Political or Military Character :

A common desire of all nations to ensure that serious crimes go unpunished. The state of the territory in which the offender has taken refuge cannot simply prosecute or punish the offender due to technical miles of criminal law or lack of jurisdiction. Therefore, in order to close the net of fugitive criminals, international law applies the maxim “aut punier aut didere” (the offender must be punished by the country of refuge or handed over to a country that can punish him). (or surrender). Therefore, the need for extradition arises for the following reasons. Criminals should be punished where they commit crimes

Importance of Extradition :

A common desire of all nations to ensure that serious crimes go unpunished. The state of the territory in which the offender has taken refuge cannot simply prosecute or punish the offender due to technical miles of criminal law or lack of jurisdiction. Therefore, in order to close the net of fugitive criminals, international law applies the maxim “aut punier aut didere” (the offender must be punished by the country of refuge or handed over to a country that can punish him). (or surrender). Therefore, the need for extradition arises for the following reasons. Criminals should be punished where they commit crimes

Daya Singh Lahoria vs. Union of India [(2001) 4 SCC 516], it was stated that a fugitive criminal brought in India under an extradition treaty can only be tried for the offense provided in the extradition decree and not for any other offense. The Criminal courts in India can not try such fugitives under any offense other than the one allowed for trial.

Vijaya Vittal Mallaya is an Indian businessman and politician who is the subject of Extradition. Indian government try 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 and only one has succeeded.

Conclusion

From the above discussion, we can conclude that there are many restrictions on handover. And attempts should be made to overcome such limitations. Because it is inevitable to punish the crimes committed in the administration. Extradition is now an important tool for ensuring law and justice. But the irregularities in its application among nations pose a threat to the principle of justice. However, it is essential to ensure a balance between extradition law and individual rights. Given the existing nature of human and individual rights, it is understandable that this area is still a work in progress, as the customary nature of this law makes balancing acts very difficult. In essence, this means that extradition must at least be consistent with respect for the individual’s fundamental human rights. In fact, any country must comply with extradition requests unless the refugee has compelling reasons to prevent extradition. It is no exaggeration to say that the existing international framework has certainly increased the effectiveness of law enforcement. However, as a caveat, ensuring the safety of individuals from the interests of the other country must be ensured to ensure that extradition is respectful and viable.