Presented by: Ms. Dixita R.
Suthar
Asst. Professor, PIL
Parul University
Course Outcomes(Cos)
Students should be able to:
1. Define the origin, meaning, and purpose of extradition in the context of
international law.
2. Interpret key legal maxims and judicial definitions related to extradition.
3. Classify offences and individuals as extraditable or non-extraditable
based on legal grounds.
4. Analyse the impact of state sovereignty on extradition decisions.
5. Differentiate between extraditable and excluded categories of offences
and persons, such as political, military, and religious grounds.
Course Outcomes(Cos)
After Completion of this topic students will be able to:
1. Explain the origin, meaning, and purpose of extradition with reference to
legal maxims and definitions.
2. Distinguish between extraditable and non-extraditable offences with
suitable legal examples.
3. Apply the principle of double criminality to analyse extradition scenarios
in real-world contexts.
4. Evaluate the role of state sovereignty in accepting or denying extradition
requests.
5. Identify the categories of persons and offences excluded from extradition,
such as political, religious, and military grounds.
Assessment Tools
Multiple Choice Questions (MCQs)
Case-Based Questions
Short Answer Questions
Legal Scenario Analysis
Group Discussion or Debate
Introduction
•Extradition is a formal legal process between countries.
•It involves surrendering an accused or convicted person from one
country to another.
•Key tool for ensuring justice in cross-border crimes.
•Used in cases involving terrorism, money laundering, corruption,
etc.
•Becomes crucial when fugitives escape abroad to avoid trial or
punishment.
Meaning & Origin of Extradition
• The term ‘extradition’ is derived from Latin:
• ‘ex’ = out
• ‘traditum’ = to give up
• Based on the Latin maxim: “aut dedere aut judicare” – “either extradite or
prosecute”
Definitions by Legal Experts
• Oppenheim:
“Extradition is the delivery of an accused or convicted individual to the State
on whose territory the crime was committed or for which he was convicted.”
• Chief Justice Fuller (Terlinden v. Ames, 1902):
“Extradition is the surrender by one nation to another of an individual
accused or convicted of an offence committed outside the territory of the
surrendering nation.”
Concept & Rationale of Extradition
• Extradition is based on the principle that an accused/convict should be tried
or punished in the country where the crime occurred.
• Prosecution is more effective at the place where:
• The cause of action arose, and
• Relevant evidence is more easily available.
• The country where the offence was committed has a greater interest in
ensuring justice.
Role of State Sovereignty
• State sovereignty implies the ultimate authority of a state over:
• Its citizens, and
• Its territorial jurisdiction.
• No state is obligated to surrender any individual (citizen or non-citizen)
present within its territory.
Need for Cooperation & Treaties
• Mutual interest of both territorial and requesting states in:
• Maintaining law and order, and
• Ensuring administration of justice.
• To balance sovereignty and justice, countries enter into extradition
treaties.
• Many states also have penal laws with provisions for extradition.
Principles of Extradition
• Principle of Reciprocity
• Principle of Double Criminality
• Principle of Double Jeopardy
• Principle of Speciality
Prerequisites of Extradition
Extraditable Persons
• To be considered extraditable, an individual must not belong to any of the
following categories:
1. Nationals of the Territorial State
• Many countries refuse to extradite their own citizens.
• This is based on the principle of state sovereignty.
• Instead, such countries may opt to prosecute the individual domestically.
2. Political Offenders
• Extradition is often denied for political offences such as:
• Treason
• Sedition
• Offences related to political dissent
• These are excluded to prevent political persecution.
3. Persons Already Punished (Double Jeopardy)
• If the person has already been tried and punished for the same
offence, extradition is usually refused.
• This follows the principle of double jeopardy – no individual should
face trial or punishment twice for the same act.
Extraditable Crimes
Religious Offences
Example: Blasphemy is punishable in some countries but protected
under freedom of speech in others.
Military Offences
Example: Showing disrespect or defiance to superior officers.
Political offence
Example: A political activist accused of inciting protest.
References:
Books
• Dr. S. R. Myneni (2013). Public International Law. Asia Law House.
• Agarwal, H.O. (2022). International Law and Human Rights. Central Law Publications.
Online Articles / Blogs
• iPleaders Blog
A comprehensive article explaining India’s extradition laws, treaties, and landmark cases
in a simplified manner.
Available at: https://blog.ipleaders.in/extradition-laws-in-india
• Extradition Laws: Full Paper – Indian Legal Solution
Available at: https://indianlegalsolution.com/extradition-laws/ (Double-check URL if
needed)
• Extradition Law in India – Helpline Law
Available at: https://www.helplinelaw.com
Legal Research Platforms
• Indian Kanoon
– A search engine for Indian statutes, case laws, and judgments including those related to
extradition.
Available at: https://www.indiankanoon.org
