Extradition
Central Authority for Extradition Matters
The Ministry of External Affairs (MEA), Government of India, is the Central Authority in Extradition matters, including processing of extradition requests. Within the Ministry of External Affairs, CPV Division is the nodal Division that handles extradition matters. Extradition related matters should be addressed to Joint Secretary (CPV), Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi – 110001.
Who can submit Extradition Request to a Foreign Country?
In general, extradition request is to be made by the Law Enforcement Agency (LIAs) concerned. The Court may also, in appropriate complaint cases, send an extradition request.
How should an extradition dossier be submitted?
The Original completed extradition dossier, along with three identical photocopies of the original one and translated version, where applicable, should be forwarded by the competent authority with the covering letter addressed to Joint Secretary (CPV), MEA for further processing. The copies are to be prepared after signatures and affixing the stamps. Since the Ministry of Home Affairs is the coordinating agency between the law enforcement agencies, the extradition dossier may be routed through the Ministry of Home Affairs for better coordination, in future, as and when required.
A soft copy of the extradition dossier/provisional arrest request may also be forwarded to JS (CPV), MEA (jscpv[at]mea[dot]gov[dot]in) for quick transmission in urgent cases as the diplomatic bag takes time to reach its destination.
When a Provisional Arrest Request should be sent:
In urgent cases, when it is believed that a fugitive criminal located in a particular jurisdiction may flee that jurisdiction, request for provisional arrest of the fugitive may be made pending presentation of the formal extradition request. The provisional arrest request should be sent to JS (CPV), Ministry of External Affairs.
What a provisional arrest request should contain:
Broadly, the following documents are required to be included in a provisional arrest request to be sent to a foreign country:
1. A brief statement of the facts of the case, including, if possible, the time and location of the offence.
2. A statement justifying why the request is urgent.
3. A copy of the legal provision(s) setting out the offence(s) and the penalty for the offence(s).
4. Authenticated copy of a warrant of arrest or a finding of guilt or judgment of conviction against the person sought.
5. Physical description of the person, including his nationality, photograph and fingerprints, if available.
6. The location of the person sought;
7. A statement that if the person is provisionally arrest, India will seek extradition within the stipulated period.
What should the extradition dossier contain?
The extradition dossier should contain the following:
1. The extradition request from the LEA/s should be in the form of a self-contained Affidavit by a Senior Officer in-charge of the case, not below the rank of Superintendent of Police of the concerned investigating agency. The Affidavit should be sworn before the court of competent jurisdiction. This is in the form of a detailed narrative that provides an overview of the case and the allegations, with due cross referencing of the evidence and the identity documents, with a view to establish a prima facie case against the fugitive before a foreign judge/court.
Note: In cases where the Court concerned is requesting extradition, the request should be prepared in first person, i.e. by the Hon’ble Magistrate Judge himself/ herself. Requests written in third person, received from Court officials, cannot be processed. By the Ministry of External Affairs since such requests are not accepted by the requested countries.
2.A Template of Extradition Dossier is attached, and the Affidavit may be modified as appropriate, depending on the facts of each case.
3. In the Template of the extradition dossier, the Affidavit should contain the following elements:
i. At the outset, the Affidavit, indicates the capacity of the law enforcement officer swearing in the Affidavit.
ii. Brief facts, circumstances and the procedural history of the case, cross-referring at the appropriate places the statements of witnesses and other documentary evidence, followed by a conclusion as to how the person sought is therefore has committed the alleged offences.
iii. Nationality, identity particulars, including photograph and address of the accused.
iv. Copy of the provisions of law alleged to have been violated by the person sought, along with the maximum sentence applicable.
v. Reference to an open dated Warrant of Arrest indicating offences alleged to have been committed by the person sought, in original or attested copy.
vi. The evidence/documents establishing that the person sought is the same person against whom the warrant is issued.
vii. A statement that the law in question was in force at the time of commission of offences and it is still in force, including the penalty provisions.
viii. In cases where the alleged offence carries a death sentence and the requested country does not have death penalty for the same offence, an undertaking to the effect that death penalty will not be imposed or if imposed, will not be carried out.
ix. An assurance to follow the rule of speciality, i.e., that if the accused is extradited to India, he would be tried in India only for those offences for which extradition is sought.
x. A specific confirmation that the offences are not barred by the period of limitation, along with a copy of the relevant legal provision in this regard.
xi. An assurance that the person wanted will not be re-extradited to a third State without the consent of the requested State.
xii. Copies of FIR, charge sheet, other documents and information that would prima facie establish the case against the person sought, which has been cross-referenced in the Affidavit.
Note: The following should be borne in mind while preparing the extradition request dossier:
i. The Affidavit along with supporting information and documents constitutes the extradition dossier:
ii. The extradition dossier should be on A-4 size white paper.
iii. As shown in the Template, the main cover of the extradition dossier should give the title of the Request. Further, an index at the beginning of the dossier should mention the Affidavit and enclosed documents with corresponding page numbers.
iv. Each page of the dossier should be clearly and neatly typed, numbered and countersigned by the competent judicial authority along with Court stamp. The stamp should be clear as well as legible, without any smudging. Similarly all photocopies of the documents/information attached in support of the request should also be clear and legible without any smudging.
v. If the extradition request is made to a country where English is not the official first language, the whole dossier should, where required, should also accompany a translation in the language concerned, duly certified by the translator. The translated version of the extradition dossier, as far as possible, should be sent along with the original English version.
vi. 6. In case the photograph and / or finger print of the accused are available the same should be certified by the person / concerned authority identifying the same. If more than one such evidence is attached, each one is required to be identified and certified separately.
vii. If any CD / electronic records like telephonic conversations, media files etc. are enclosed as documentary evidence, cerified transcripts of the contents from a competent authority must be enclosed;
viii. If local / indigenous weapon (s) used in the crime viz, Kripan, gupti, rampuri, etc. are mentioned, they should be amply described an explained for proper understanding of the requested country and to avoid confusion of the concerned authority of the requested country; All documents / evidence in support of the request should be clearly typed / written and photocopies of the documents must be clear and legible.
ix. Any over-writing / corrections must be avoided.
x. The monetary value mentioned in Rupee term must be given along with US$ terms.
xi. The request should be in a form befitting presentation of the extradition request to a foreign Government on behalf of the Government of India.
xii. The contents of the extradition dossier should be spirally bound, with a separate synthetic cover on the top and bottom so that the contents remain protected even during transportation & storage.
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