Extradition - Definition - Law Dictionary Home Dictionary Definition extradition

Definition :

Extradition, the surrender by a foreign state of a person accused of a crime to the state where it was committed, in order that he may be tried there. It is recognized as a duty, independent of treaty, by international law, but is usually the subject of treaty terminable at one year's notice. The (English) Extradition Act, 1870 (33 & 34 Vict. c. 52), 'as to the whole of His Majesty's dominions' provides (s. 2) that where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides for the arrangements and procedure regarding extradition, see R. v. Daye, (1908) 2 KB 333, and imposes various restrictions thereon, e.g., in regard to political offences. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), adds offences in connection with dangerous drugs to the scheduled list of offences, and 1935 (25 & 26 Vict. Geo. 5, c. 25), for currency offences. The Extradition Acts, 1870-1935, have been applied to the suppression of the White Slave traffic (see S.R. & O. 1931, No. 718; 1934, No. 310; 1934, No. 500, and many others). Consult Clarke on Extradition, and Chitty's Statutes, tit. 'Extradition,' where a list of numerous extradition treaties between this country and foreign states is given.

Extradition, in India, Parliament alone has the right to make any law with regard to extradition, Constitution of India, 7th Sch., List 1, Item 18, Art. 246.

Extradition is the surrender by one State to another of a person desired to be dealt with for crimes of which he has been accused or convicted and which are justiciable in the courts of the other State. Surrender of a person within the State to another State - Whether a citizen or an allien - is a political act done in pursuance of a treaty or an arrangement ad hoc, State of West Bengal v. Jugal Kishore More, (1969) 1 SCC 440: AIR 1969 SC 1171: (1969) 3 SCR 320.

The term 'extradition' denoted the process whereby under a concluded treaty one State surrenders to any other State at its request, a person accused or convicted of a criminal offence committed against the laws of the requesting State, such requesting State being competent to try the alleged offender. Though extradition is granted in implementation of the international commitment of the State, the procedure to be followed by the courts in deciding, whether extradition should be granted and on what terms, is determined by the municipal law of the land. Extradition is founded on the broad principle that it is in the interest of civilised communities that criminals should not go unpunished and on that account it is recognised as a part of the comity of nations that one State should ordinarily afford to another State assistance towards bringing offenders to justice, Rosiline George v. Union of India, (1994) 2 SCC 80.

The expression 'extradition' means, surrender by one State to another of a person desired to be dealt with for crimes of which he has been accused and which are justiciable in the Courts of the other States. The rights of a citizen not to be sent out to foreign jurisdiction without strict compliance with law relating to extradition is a valuable right, Daya Singh Laharia v. Union of India, AIR 2001 SC 1716 (1717).

The official surrender of an alleged criminal by one State of Nation to another having jurisdiction over the crime charged, the return of a fugitive from justice; regardless of consent, by the authorities where the fugitive resides, Black's Law Dictionary, 7th Edn., p. 607.

Extradition, is turning over of an alleged criminal, fugitive or prisoner by one country to another, Webster American Dictionary, p. 412.