EXTRADITION UNDER INTERNATIONAL LAW–AID FOR THE ANGST OF FUGITIVES

ABSTRACT Oppenheim opined that:“Extradition is the delivery of an accused or a convicted individual to the State where he is accused of, or has been convicted of a crime, by the State on whose territory he happens for the time to be.” The need for reshaping the Extradition laws in order to counter the injustice to the innocent individuals being prosecuted garners change to preventunjust extradition by states.It can be said without any doubt that the extradition principle is sacrosanct under the international criminal law. Moreover, a question may be pertinent i.e. Is extradition a legal duty of a State? This paper draws inference to the principle of prosecution or extradition through expression by the maxim „autdedereautpuniare.‟ This paper further provides an analysis of the principle of extradition, along with the purposes of extraditing a fugitive.The paper attempts to deliberate upon various landmark judgments on the principle invoking extradition as an interface with asylum being another institution under international law. This paper outlines the extradition in case of political offenders and the determinants of a political offence being an exception to extradition in certain circumstances. The paper also attempts to discuss the principle of double criminality whereby a crime is an offence recognized in the territorial as well as in the requesting State. As per this doctrine, no person can be extradited unless this condition is fulfilled. The law of extradition in India has been assessed in this paper, through the Extradition Act of 1962 along with its amendment. Moreover, certain recommendations and suggestions have been derived for prevalence of development as a goal internationally thereby reducing crimes and prevention of fleeing of fugitives from one State to another so as to escape punishment for the offence committed by them.