1. Extradition: - The extradition may be defined as under:
Definition: - “The delivery of a person; suspected or convicted of a
crime, by the state where he has taken refuge or taken asylum, to the
state that asserts jurisdiction over him.”
Explanation: -Generally each state has full jurisdiction over all its
subjects within its territory. But sometimes a state becomes helpless
to punish a guilty person. It is so because such guilty person after
committing crimes fled away to another country. So if there is no co-
operation between nation states in handing over the criminals to the
affected states, the end of justice with its real sprite cannot be
attained. Due to this fact the nation-states adopt the doctrine of
extradition. In other words, the nation states handover the criminals to
the affected states in the administration of justice.
Restriction: - As for as Extradition is concerned, it mostly depends
upon treaties. But before, the conclusions of a treaty the nation-states
usually consider the following restrictions established by Courts in
1. Existence of a Formal Treaty: - The existence of a formal
treaty is also sometimes becomes much necessary. Because, it is
generally a matter of bilateral treaty. So, mere agreement or
notification is not sufficient to bind the state to extradite a criminal.
2. Honour of Treaty: - In case of a treaty for extradition it is
important to fulfill all the conditions and terms of the said treaty.
3. Political Criminal: - There is an important principle in
international law that the political criminal shall not be extradited. It is
also a restriction on the scope of extradition.
3. Military Criminals: - Military criminals shall also not be
extradited who have not been charged of war crimes.
4. Religious Criminals: - Religious persons shall also not be
5. The Rule of Speciality: - The extradition of a criminal for a
particular crime entitles the requesting state only to prosecute him for
that crime and not otherwise, the rule is said to be rule of speciality. It
is also a bar on the soul extradition.
6. Double Criminality: - Another bar on the extradition is the
principle of doublecriminality.
7. Prima facie Evidence: - Prima facie evidence is another
restriction on the scope of extradition. It means that there should be
sufficient evidence for crimes relating to extradition.
8. Fulfillment of Formalities: - It is also equally important to
fulfill all other formalities as are necessary for extradition.
Conclusion: - So, in the light of the above discussion it may be
concluded, that extradition is subjected to many restrictions. And an
attempt should be made to overcome such restriction. Because, it is
inevitable to punish a person for the crime committed by him in the