Extradition And The Policies Governing Them: A Comparative Analysis Of India With The U.S.A.
- IJLLR Journal
- Jun 29
- 2 min read
Dr. Chanjana Elsa Philip, Associate Professor, CMR University School of Legal Studies
Neikhrieto Naleo, LL.M. (Criminal Law), CMR University School of Legal Studies
ABSTRACT
Extradition law is a legal procedure of transferring an individual from one country to another when the requesting country requires indicting the target person with crime or punishment. So, the law ensures that moving to another country will not protect an offender from being arrested for the same crime and this article describes the history of extradition and points out similarities and differences between Indian and US laws. Earlier, the extradition was done based on the personal or moral promises given by the rulers. Currently, it is regulated by official treaties and agreements between the countries. The primary India’s law on extradition is Extradition Act of 1962, which provides its functionality along with various agreements made by India with other countries. Extradition in the United States is governed by the constitution, the federal laws, and numerous deals that have been signed with other countries. It is through the paper that one can know how human rights are crucial in contemporary extradition cases. A country will refuse to give extradition to another country once it is likely that the requesting state would torture people or fail to give them fair judicial processes. To ensure extradition is successful, both countries must agree that a crime took place, and politics should not be involved in the process. The paper explains the history of extradition and explains why it is needed more than ever today due to more cases of terrorism, money laundering and cybercrime.
Keywords: Extradition, India, United States, human rights, treaties, international law, crime, cooperation, legal process.
