india extradition
Is it possible for India to extradite its own citizens?
<p>The <a href="https://www.indiacode.nic.in/handle/123456789/1440?sam_handle=123456789/1362#:%7E:text=India%20Code%3A%20Extradition%20Act%2C%201962&amp;text=Long%20Title%3A,connected%20therewith%20or%20incidental%20thereto" rel="nofollow noreferrer">Extradition Act</a> deals with extradition in India.</p>
<p>But in its Sections it doesn't have any such provisions or details. and can State High court of India enquire into such extraditions?</p>

<p>In general,</p>
<ol>
<li>A country X can extradite people in X to country Y, at the request of Y and to the extent authorised by X's own law.</li>
<li>Typically, there will be an <em>extradition agreement</em> between X and Y (a kind of treaty) concerning how this will happen. X's domestic law will take account of the agreement, when it comes to extraditing any specific person. An agreement is not always required - it depends on X's law.</li>
<li>Several countries refuse to extradite their own citizens. So Y could ask X to extradite a citizen of Y who is in X, or indeed a citizen of a third country Z who is in X, but not a citizen of X. Typically, for this situation, an extradition agreement between X and Y would include a provision saying that X could prosecute in place of Y, within X, rather than sending the person to Y.</li>
<li>India is <em>not</em> such a country. It does allow its citizens to be extradited to other countries, in principle. By policy, if the other country Y objects to extraditing its own citizens (i.e. sending a citizen of Y, currently in Y, to India), then India will reciprocally refuse extradition of Indian citizens from India to Y.</li>
<li>Aside from the possible nationality bar, there are plenty of other considerations for whether a proposed extradition would take place.</li>
</ol>
<p>For example, the extradition treaty between India and Türkiye specifies in its <a href="https://www.latestlaws.com/bare-acts/central-acts-rules/criminal-laws/the-extradition-act-1962/extradition-agreement-between-the-government-of-the-republic-of-india-and-the-government-of-the-republic-of-turkey" rel="nofollow noreferrer">Article 8(1)</a> that</p>
<blockquote>
<p>The nationals of a Contracting State shall not be extradited to the other Contracting State provided that the Requested State shall submit the case to its competent authorities for prosecution if the act committed is also considered as an offence under the laws of the Requested State.</p>
</blockquote>
<p>That is, Indian citizens in India would not be extradited to Türkiye, but instead could be prosecuted in India. Provisions of the Extradition Act mean that the offence is treated as if it had occurred in India, for such a prosecution. This does not stop an Indian citizen in Türkiye from being extradited to India, or the reverse situation.</p>
<p>On the other hand, the agreement between India and the United States says in <a href="https://www.latestlaws.com/bare-acts/central-acts-rules/criminal-laws/the-extradition-act-1962/extradition-treaty-between-the-government-of-the-republic-of-india-and-the-government-of-the-united-states-of-america/" rel="nofollow noreferrer">Article 3</a> that</p>
<blockquote>
<p>Extradition shall not be refused on the ground that the person sought is a national of the Requested State.</p>
</blockquote>
<p>which alongside the general obligation in Article 1 means that Indian citizens in India could be extradited to the USA, assuming all other conditions are met.</p>
<p>Regarding the High Court question: While the extradition proceedings must take place before a magistrate, they can be challenged by way of judicial review. The same applies to decisions made by central government as part of the process. In India this is called &quot;writ jurisdiction&quot; and can be exercised before a High Court, or the Supreme Court. It is limited in scope and usually would only apply if there has been some procedural irregularity, irrationality in decision-making, or violation of fundamental rights.</p>

<p>In answer to the title's question: <strong>Yes</strong></p>
<p>The <a href="https://www.indiacode.nic.in/handle/123456789/1440?sam_handle=123456789/1362" rel="noreferrer">Extradition Act 1962</a> does not differentiate a fugitive criminal's citizenship,
(<a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_10_10_00009_196234_1517807322487&amp;sectionId=4220&amp;sectionno=2&amp;orderno=2" rel="noreferrer">Section 2(f,)</a>) but the procedures vary depending whether or not a formal treaty is in place.</p>
<p>An example of an Indian being extradited <em>from</em> India is <a href="https://www.google.co.uk/amp/s/m.timesofindia.com/nri/man-extradited-from-india-on-murder-rape-charges-sentenced-to-life-in-uk/amp_articleshow/77668172.cms" rel="noreferrer">Aman Vjas</a>: a serial rapist, as reported <a href="https://indiankanoon.org/doc/114963330/" rel="noreferrer">here</a></p>
<p>And an example of an Indian citizen being extradited <em>to</em> India is Sanjeev Chawla which was <a href="https://www.google.co.uk/amp/s/blog.ipleaders.in/india-uk-extradition-treaty/%3famp=1" rel="noreferrer">India’s first successful extradition since the treaty was signed with the UK in 1992</a></p>
<p>Also, for interest and further reading, this <a href="https://www.mondaq.com/india/human-rights/948934/india39s-recent-successes-in-extraditing-fugitives-from-the-united-kingdom" rel="noreferrer">Motaq</a> article gives some background regarding India - UK extradition.</p>
