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Supreme Court of India : Extradition Act, 1962
 
ISSUE: Jurisdiction/ Extradition Act, 1962 S. 21
 
 

ISSUE: Jurisdiction/ Extradition Act, 1962 S. 21
Daya Singh Lahoria vs. Union of India and others -Writ Petition - AIR 2001 SC 1716, 2001

Q. Can an extradited fugitive be tried in India for any offence other than the one for which he has been extradited?

A. No, unless he has been restored to, or has had an opportunity to return to, the State which surrendered him and a fresh extradition has to be requested for the latter crime.

The liberty of an individual is an inalienable right The law of extradition is a dual law: it is a municipal law and a part of international law inasmuch as it governs the relations between two sovereign States over the question of whether or not a given person should be handed over by one sovereign State to another sovereign State.

This question is decided by national Courts but on the basis of international commitments as well as the rules of international law relating to the subject.

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