FUGITIVE CRIMINALS IN AN UNEVEN TERRITORIAL FIELD OF CRIMINALITY- ITS ARTICULATION THROUGH EXTRADITION TREATIES – A CRITIQUE
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Abstract
With the emergence of globalization and improved interconnectivity, it has become very easy for offenders in India to escape to foreign jurisdictions and escape the prosecution in the country. Effective extradition procedures are an essential instrument of international law enforcement, both in relation to national crimes and, increasingly, international crimes. New international legal frameworks are developing with the aim of enhancing international responses to organized crime, including terrorist crimes and drug trafficking. Apart from providing timely justice and grievance redressal, extradition also serves as a deterrent against potential fugitives. However, India’s success rate in extraditing fugitives is appallingly low; only one in every three fugitives is being successfully extradited to India. This research paper examines the extradition treaties that India has entered into with various countries, and gives an overview of India’s successes and failures in obtaining the return of those offenders. It also studies the challenges India faces when it comes to the question of extradition and lists recommendations to improve India’s extradition process.
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