- 1.
Bilateral Treaties/Arrangements: Extradition typically operates based on specific bilateral treaties between countries or reciprocal arrangements.
- 2.
Dual Criminality: The offense for which extradition is sought must generally be considered a crime in both the requesting and the requested states.
- 3.
Political Offenses Exception: Extradition is usually not granted for purely political offenses, though the definition of 'political' can be contentious.
- 4.
Rule of Specialty: The extradited person can only be prosecuted for the specific offenses for which extradition was granted, unless consent for additional charges is obtained.
- 5.
Prima Facie Case: The requesting state must present sufficient evidence to establish a prima facie case (a case that appears to be true unless disproved) against the fugitive.
- 6.
Human Rights Safeguards: The requested state considers human rights protections, ensuring the individual will not face torture, cruel punishment, or an unfair trial.
- 7.
Role of Executive and Judiciary: In India, the Ministry of External Affairs/Home Affairs handles requests, while courts review the legality of the extradition process.
- 8.
No Extradition of Own Nationals: Some countries refuse to extradite their own nationals, preferring to prosecute them domestically, though India does extradite its nationals.
- 9.
Grounds for Refusal: Extradition can be refused on grounds such as lack of dual criminality, political offense, statute of limitations, or if the request is not made in good faith.
