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Description
Law of Extradition in India is a study of the procedure and practice of extradition, with reference to the Extradition Act in India. It deals with the development of the law from the pre-independence era till date. Care has been taken to deal with all the aspects of the law in comparison with the law prevailing in the United Kingdom, the United States of America, etc.
The book contains an in-depth, selective analysis of treaties entered into by India with other States. Every effort has been made to incorporate recent and updated case law, making it an essential reference guide for lawyers, prosecuting agencies and law enforcement agencies.
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Contents
Chapter 1. Introduction
Chapter 2. History of Extradition in India.
Chapter 3. Definitions
• Extradition
• 'Extradition offence'
• Foreign state
Chapter 4 - The Procedure of Extradition
• Power of central government to review its decision Jurisdiction to
inquire into offence
• Order of magistrate to issue warrants
Chapter 5 - Extradition Proceedings
• Procedure before the magistrate
• Case of the requesting state
• Principle of dual or double criminality
• Evidence to be proved before magistrate
• Additional evidence
• Evidence in case of convict
• Authentication of documents
• Admissibility of digital/electronic records
• Limitation for making request and providing documents
• Scope of magisterial inquiry
• What is to be determined by the magistrate
• Effect of delay on extradition proceedings
• Persons who may be extradited
• Jurisdictional priority
• Reciprocity
• Return of fugitive to foreign states with extradition arrangements
• Apprehension of fugitive
• Procedure before magistrate - where fugitive is from a state with which
India has extradition arrangement
Chapter 6 - Procedure on Return of Fugitive to India
• Doctrine of speciality
Chapter 7 - Limitation for Surrender
• Fugitive's Right to bail
• Property found in possession of fugitive
• Power of central government to discharge competing requests
Chapter 8 - Grounds of Refusal
• Mandatory grounds of refusal
• Optional grounds for refusal
• Extra-territorial jurisdiction
• Provisional arrest
• Extradition and capital punishment .
• Repeals and savings
• Powers of high court
• Writ of habeas corpus
• Applicability of the act on the crimes committed before its coming into force
• Postponement of the extradition
• Re-extradition
• Juvenile and extradition law
• Waiver
Appendices
Ministry of External Affairs Orders
Appendix I - Kingdom of Bahrain
Appendix II - The Republic of Belarus
Appendix III - Belgium
Appendix IV - Kingdom of Bhutan
Appendix V - Republic of Bulgaria
Appendix VI - Government of Canada
Appendix VII - Government of the French Republic
Appendix VIII - Federal Republic of Germany
Appendix IX - Government of Hongkong
Appendix X - Republic of Korea
Appendix XI - State of Kuwait
Appendix XII - Mongolia
Appendix XIII - Government of Nepal
Appendix XIV - Netherlands
Appendix XV - Sultanate of Oman
Appendix XVI - Republic of Poland
Appendix XVII - Russian Federation
Appendix XVIII - Government of the Republic of South Africa
Appendix XIX - Kingdom of Spain
Appendix XX - Switzerland
Appendix XXI - Government of the Republic of Turkey
Appendix XXII - Republic of Tunisia
Appendix XXIII - United Kingdom of Great Britain
Appendix XXIV A - United States of America (GSR No 59)
Appendix XXIV B - United States of America (GSR No 633(E))
Appendix XXV - Republic of Uzbekistan
Appendix XXVI - United Arab Emirates
Appendix XXVII - Ukraine
Appendix XXVIII - International Convention for the Suppression of Terrorist Bombing
Appendix XXIX - United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substance
Index
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Author Details
V K Bansal is an Additional District and Sessions Judge at Delhi. He joined the Delhi Judicial Services in 1992. While in service, he worked as Metropolitan Magistrate, Extradition Magistrate, Additional Rent Controller, and Additional Senior Civil Judge. He has also worked as Joint Secretary, Law, with the Government of Delhi. He has also authored a work on the Delhi Rent Control Act 1958, which is highly acclaimed.
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