Extradition: An Outline To Basic Principle Of It And Its Challenges
- IJLLR Journal
- 6 hours ago
- 2 min read
Anshika Srivastav, Bennett University
ABSTRACT
Extradition is a procedure sanctioned by law where an accused person found in their jurisdiction is surrendered due to commitment of an offence in the jurisdiction of another nation. In simpler terms the word extradition means to bring back an offender, wo ran away from that country after committing the crime. There is a Latin term “aut dedere aut judicare” which means either extradite or prosecute.
The term defines the act sending back an accused or an individual to the state in whose territory he is alleged to have committed a crime. This is a legal procedure to which India is also a part. This allows one nation to give the custody of the accused to another country where the accused had committed the crime in order to conduct trail and give punishment for the act committed by them.
This research paper dwells deep into the meaning of the term, the fundamental principles, the legislative structure and its application, challenges faced with it during the following of the procedure. The topic of extradition is always on priority list in any international law being formed or any relation being made between two or more countries. This paper focuses on examination of some cases of extradition in order to study the hindrances that come while the procedure is being followed. It also focuses on the conflicts between nations which were the result of extradition.
The act of extradition is more like a mutual agreement and the compatibility between two nations rather than being a legal obligation. Generally, most of such situations are dealt by bilateral treaties which is signed between the nations. The legal application the act comes into being only when the human rights, political rights, legal rights of every concerned person are considered in a proper and complete manner.
