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1. Introduction
Ordinarily every state exercises and enjoys complete jurisdiction over all the
persons within its jurisdiction but sometimes there may be cases where a
person after committing crime runs away to another country. In such a
situation, the state finds itself helpless to exercise jurisdiction to punish such
persons. The term extradition denotes the person whereby under a treaty or
upon a basis of reciprocity one state surrenders to another state at its request
a person accused or convicted of a criminal offence.
2. Meaning of Extradition
3. Definition of Extradition
4. Basis of Extradition
5. Object of Extradition
➢ No General Rule:
There is no general Rule under International Law which binds a state to grant
extradition except .
It was held that Extradition with foreign states except with exceptional cases
only governed under bilateral treaty or any regional arrangement.
➢ In a Good Faith
A state may surrender the runway offender to requesting state in a good faith
and for the sake of International peace and Justice.
8. Exceptions to Extradition
I.No Treaty
II.Political Offence
III.Religious Offence
IV.Common Offence
V.Military Offence
VII.Inadequate Evidence
Case Reference: Tavashar Extradition Case
It was held that accused was discharged because no proper evidence was made against him.
VIII.Rule of Speciality
It was held that Ravscher may be tried only for that offence for which extradition was granted.
IX.Formalities
X.Double Criminality
Under Foreigners Act 1946, following are the differences between Expulsion
and Extradition,
12. Conclusion