EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution or punishment) requires:
Aunconditional transfer of any wanted person without any safeguards (cf. Indian Extradition Act 1962; bilateral treaties and the Indian Extradition Act 1962, Section 31)
Ba treaty between the requesting and requested States (or other legal basis); compliance with safeguards (double criminality, specialty, political offence exception, etc.)
Cthe unilateral decision of the requesting State alone (cf. Indian Extradition Act 1962; bilateral treaties and the Indian Extradition Act 1962, Section 31)
Dthe consent of the fugitive in writing in every case (cf. Indian Extradition Act 1962; bilateral treaties and the Indian Extradition Act 1962, Section 31)
Answer & Solution
Correct answer: B. a treaty between the requesting and requested States (or other legal basis); compliance with safeguards (double criminality, specialty, political offence exception, etc.)
1. EXTRADITION is governed by extradition treaties between the requesting and requested States.
2. Common safeguards: (i) DOUBLE CRIMINALITY — the act must be a crime in both States; (ii) SPECIALTY — the extradited person can be tried only for the offence for which extradited; (iii) POLITICAL OFFENCE EXCEPTION; (iv) RULE OF NON-EXTRADITION FOR DEATH PENALTY CASES (where requested State has abolished); (v) RULE OF NE BIS IN IDEM; (vi) non-extradition of own nationals (in some States).
3. India has the Extradition Act, 1962 and several bilateral treaties (UK, USA, UAE, etc.).
4. Vijay Mallya, Nirav Modi cases are recent Indian extradition matters.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Indian Extradition Act 1962; bilateral treaties and the Indian Extradition Act 1962, Section 31_
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