The right of extradition to India is governed by the Extradition Act 1962 (the “1962 Act”) and by extradition treaties between India and other countries. In Section 34 of the 1962 Act, extraterritorial jurisdiction, that is, an offence of extradition committed by a person in a foreign state, was committed in India and may be prosecuted in India for that offence. In accordance with Section 216 of the Indian Penal Code of 1860, read with the Constitution of India, 1950 (List VII, List I, Point 18), extradition can be defined as the act of abandoning a fugitive criminal to the authorities of the state in which the crime was committed. Article 3, paragraph 4, of the 1962 Act categorically states that in the absence of an extradition agreement between India and a foreign state, the central government can treat any convention to which India and the foreign state have acceded, in order notified, as an extradition treaty providing for extradition in accordance with this Convention. Under Section 2 (f) of the 1962 Act, only “fugitive offenders” can be extradited. Fugitive was moved, as under the Indian Extradition Act, of a person charged or convicted of an extradition offence committed in the jurisdiction of a foreign state and a person who conspired during his country in India to attempt to commit, commit or participate in an offence of extradition to the foreign state. According to Section 2 (c) of the 1962 Act, an extradition offence is an offence under the extradition treaty with foreign states. In the absence of a contract, an act of extradition is an offence punishable by imprisonment of at least one year under applicable laws in India or in a foreign state. Section 2 (a) of the 1962 Act defines a compound offence as an act or conduct of a person who is present, in whole or in part, in a foreign state or india, and whose effect (or expected effect) is, on the whole, an offence of extradition to India or a foreign state. An extradition treaty facilitates the extradition of countries hiding in another country.
However, South Africa does not require an extradition treaty with a country, as there is a special extradition law and an international mechanism to extradite persons hiding in their state. With regard to extradition requests received from the United Arab Emirates from other countries, the competent jurisdiction of the United Arab Emirates endeavours to determine whether this request complies with applicable law and therefore accepts the applicant`s extradition to the requesting country. The competent court will refuse extradition if the extradition request does not meet the conditions of the applicable law. Therefore, UAE courts are required to implement bilateral and multilateral treaties if they exist. Otherwise, they will use national law governing judicial cooperation to decide whether to accept or reject an extradition request.