A Powerful Tool, but Handle with Care

As diamond merchant Nirav Modi faces extradition from the UK on February 25, the fact is that India has not had much success in this sphere. With Vijay Mallya too facing extradition, the issue is a complex one

- Shaan Katari Libby

JUDGEMENT day for wanted diamond merchant Nirav Modi is on February 25, 2021, when it will be decided by a UK court whether he can be extradited to India to face charges of fraud and money laundering in relation to a Punjab National Bank scam. This is a good time to look at the issue of extradition and examine its pros and cons.

Extradition is the formal process of one state surrendering an individual to another for prosecution or punishment for crimes committed in the requesting country’s jurisdiction. It is typically enabled by a bilateral or multilateral treaty. Some states will extradite without a treaty, but those cases are rare.

Extradition is founded on the broad principle that it is in the interest of all civilised nations that criminals should not go unpunished. Another reason why extradition is important is the deterrent effect—a criminal cannot escape punishment by escaping to another country. Extradition lends itself to the notion of genuine international co-operation. It’s based on reciprocity. The State on whose territory the crime has been committed is in a better position to try the offender because evidence is more freely available there.