Extradition Guidelines [India]

Ministries of External Affairs 

Guidelines

Extradition request for an accused/ fugitive can be initiated after charge sheet has been filed before an appropriate Court and said court having taken cognizance of the case has issued orders/directions justifying accused/fugitive’s committal for trial on the basis of evidence made available in the charge sheet and has sought presence of the accused/fugitive to face trial in the case.

All extradition requests should be supported by documents and information enumerated below.

Note: If an extradition treaty exists between India and the requested country, the extradition request and documents connected therewith should be prepared on the basis of provisions of Extradition Treaty.

1. It should be in spiral bound and contain an index with page numbers.
2. The request should be supported by a self-contained affidavit executed by the Court by whom the fugitive is wanted or by a Senior Officer in charge of the case (not below the rank of Superintendent of Police of the concerned investigating agency) sworn before a judicial Magistrate (of the court by which the fugitive is wanted for prosecution). The affidavit should contain brief facts and history of the case, referring at the appropriate places the statements of witnesses and other documentary evidences. Criminal’s description establishing his identity; provision of the law invoked etc. so that a prima facie case is made out against the fugitive criminal.
3. Paragraph 1 of the affidavit should indicate the basis/capacity in which the affidavit is executed.
4. The affidavit should indicate that the offences for which the accused is charged in India.
5. The affidavit should also indicate that the law in question was in force at the time of Commission of offences and it is still in force, including the penalty provisions.
6. The evidence made available should be admissible under Indian laws. Accordingly, the affidavit should indicate whether the statements of witness are admissible as evidence in India in a criminal trial/prosecution. Statements of witnesses should be sworn before the Court.
7. The affidavit should also indicate that if the accused were extradited to India, he would be tried in India only for those offences for which his/her extradition is sought.
8. Copy of First Information Report (FIR), duly countersigned by the competent judicial authority, should be enclosed with the request.
9. Comeptent authority should countersign copy of charge sheet, which is enclosed with the documents.
10. A letter/order from the concerned court justifying accused person’s committal for trial on the basis of evidence made available in the Charge sheet, with a direction seeking accused person’s presence in court to stand trial in said court from the country of present stay.
11. Warrant of arrest should be in original and open dated indicating clearly only those offences for which the accused is charged and Court has taken cognizance with relevant sections thereof.
12. Nationality, identity and address of the accused including his photograph should be made available with the request.
13. Copy of the relevant provisions under which the accused is charged along with the provisions of the relevant laws indicating that the maximum sentence prescribed for the offence for which the accused is charged or convicted.
14. The extradition request is to be made in quadruplet (four copies). All original and copies should be attested /authenticated by the concerned court.
15. All the documents should be very clear, legible and in presentable form as they are to be presented to the soverign Governments of Foreign Countries.
16. Original documents in national languages should be sent along with certified English translation of each such document from authorized translators.
17. Extradition requests/documents to the country where English is not first language should be submitted along with duly translated copy in host country’s local language. The Court issuing warrant should certify such translated copy.

After completion of necessary formalities, the request for extradition should contain a letter/note from a Senior Official (not below the rank of Joint Secretary) or the concerned State Government indicating the correctness of the case/material with a request to the Central Executive to forward it to the Government of the concerned foreign country.

N.B.: If the concerned court is requesting for extradition of a person, the request in the form of an affidavit should be in first person, i.e. by the Hon’ble Magistrate/ Judge himself/herself. (Such requests are usually received from Court Masters or other court officials writing in third person on behalf of the Court. Requested States object to it)

NOTE: The request for extradition and the documents thereof should be prepared as per the requirements of the extradition treaty between India and the country concerned from which the fugitive is to be extradited to India.