Introduction
For many Non-Resident Indians (NRIs), international travel and cross-border business are routine parts of life. However, an extradition request can suddenly disrupt this mobility and create serious legal anxiety. Extradition refers to the formal process through which one country requests another country to surrender an individual who is accused or convicted of a crime. When an NRI becomes subject to such a request, the situation often involves complex international law, diplomatic communication, and domestic criminal procedure. Understanding the legal framework and available safeguards is therefore essential to protect personal liberty and ensure a fair legal process.
What Is Extradition?
Extradition is a legal mechanism between two sovereign nations where one country (the requesting state) asks another country (the requested state) to hand over a person for prosecution or punishment. It is not automatic. The process depends on treaties, domestic laws, and judicial scrutiny. Extradition is generally allowed only for recognised criminal offences and not for purely civil disputes or minor violations. Political offences, military offences, or cases involving risk of unfair trial may be refused.
Key Indian Laws Governing Extradition
Extradition Act, 1962
The primary legislation in India regulating extradition is the Extradition Act, 1962. This Act empowers the Central Government to process extradition requests, determine treaty obligations, and initiate inquiry proceedings before a magistrate. The Act also outlines grounds on which extradition may be refused, including lack of dual criminality, political motivation, or insufficient evidence.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Procedural aspects such as arrest warrants, custody, bail, and court hearings may be governed by provisions of the BNSS, 2023, which replaced the earlier Code of Criminal Procedure. Courts often rely on BNSS principles to ensure due process and personal liberty during extradition-related detention.
Constitutional Protections
Article 21 of the Constitution of India guarantees the right to life and personal liberty. Even in extradition matters, courts ensure that surrender of a person does not violate basic human rights or expose them to torture, inhuman treatment, or unfair trial abroad.
Legal Steps an NRI Should Take
1. Engage an Experienced Extradition Lawyer
Immediate legal representation is critical. Extradition law involves both domestic statutes and international treaties. A specialised lawyer can review treaty terms, analyse evidence, and coordinate with foreign counsel if required.
2. Examine the Treaty and Dual Criminality
Most extraditions occur under bilateral treaties. A key requirement is dual criminality, meaning the alleged act must be a crime in both countries. If the conduct is not an offence under Indian law, extradition may be challenged.
3. Apply for Bail or Interim Protection
Courts in India may grant bail during extradition inquiries depending on the seriousness of allegations and risk of absconding. Bail applications rely heavily on cooperation, clean antecedents, and absence of flight risk.
4. Challenge Political or Human Rights Concerns
Extradition can be resisted if the request appears politically motivated or if there is a genuine fear of persecution, torture, or denial of fair trial. Indian courts carefully evaluate such claims before allowing surrender.
5. Scrutinise Evidence and Procedural Validity
The requesting country must present prima facie evidence. Weak documentation, procedural irregularities, or vague allegations may form strong defence grounds.
Important Case Laws
Abu Salem Abdul Qayoom Ansari v. State of Maharashtra (2011)
The Supreme Court of India emphasised that extradition must strictly comply with treaty conditions and assurances given by the requesting state. The case highlighted that India must honour limitations imposed during extradition, especially concerning punishment and scope of prosecution.
Vijay Mallya Extradition Case (UK Proceedings, 2018–2020)
Although decided in the United Kingdom, this matter demonstrated how economic offences and financial fraud can trigger complex extradition battles. It also illustrated the importance of evidence evaluation, prison condition assurances, and prolonged judicial scrutiny before surrender.
Daya Singh Lahoria v. Union of India (2001)
The Supreme Court underscored that extradition cannot proceed mechanically and must satisfy statutory requirements, reinforcing judicial oversight and fairness in the process.
Practical Precautions for NRIs
NRIs should maintain transparent financial records, comply with international tax and banking norms, and respond promptly to legal notices. Ignoring summons or immigration alerts may worsen the situation. Seeking early legal advice often prevents escalation and protects international mobility.
Conclusion
Facing an extradition request is undoubtedly serious, but it is not a hopeless situation. Indian law provides structured safeguards through the Extradition Act, procedural protections under criminal procedure statutes, and constitutional guarantees of liberty and fair trial. Courts carefully balance international cooperation with individual rights. With informed legal strategy, professional representation, and timely action, NRIs can effectively challenge or manage extradition proceedings while safeguarding their dignity, rights, and freedom of movement.
