The Effectiveness of the new Extradition (Amendment) Act, 2021 in extradition proceedings in India.

This article is written by Merwin Emmanuel Richard, Intern under Legal Vidhiya  

Abstract

The Extradition (Amendment) Act, 2021, which came into force in India on April 7, 2021, has been hailed as a major reform in the country’s repatriation  frame. The new law expands the  compass of extraditable offenses, simplifies the repatriation process, and provides for the establishment of a technical court to deal with repatriation cases. The effectiveness of the new law in repatriation proceedings will depend on its  perpetration and the cooperation of other countries in repatriation matters. The law has been introduced at a time when India is facing challenges in extraditing exiles from abroad,  similar to Vijay Mallya and Nirav Modi, who are wanted in high-profile fiscal fraud cases.   The  emendations to the Extradition Act, 1962,  give for the addition of  profitable offenses as extraditable offenses, which is anticipated to help India in its  sweats to bring  profitable  malefactors to justice. The law also provides for the admissibility of electronic records and documents as  substantiation in repatriation proceedings, which is likely to speed up the process of repatriation.   The establishment of a  devoted court for repatriation proceedings is anticipated to bring lesser  effectiveness and  thickness in the  running of repatriation cases. The court will have the power to issue  clearances and make arrangements for the transfer of the  indicted person to the requesting country. The research article talks about in whole about the Extradition Act, its importance, effectiveness, and ways to improve the act in future.

Keywords: Extradition, Extraditable Offenses, Economic Offenses,  Dedicated Court, Warrants, Requesting Country, Fugitives, Implementation

Introduction

The Extradition (Amendment) Act, 2021, which was later enforced in India, is considered a major reform in the country’s repatriation  frame. The  emendations to the being Extradition Act, 1962, aim to expand the  compass of extraditable offenses, streamline the repatriation process, and establish a  devoted court to handle repatriation cases. This new law is anticipated to ameliorate India’s capability to extradite exiles from abroad, particularly those involved in high-profile fiscal fraud cases. In this  exploration composition, we will explore the effectiveness of the new Extradition( Amendment) Act, 2021 in repatriation proceedings in India,  assaying its impact on the country’s  sweats to bring  profitable  malefactors to justice and expedite the repatriation process. The composition will also bandy the challenges and  openings that the new law presents, particularly in terms of  perpetration and  transnational cooperation in repatriation matters.

Objectives

1. To examine the changes introduced by the Extradition (Amendment) Act, 2021, and their potential impact on India’s extradition framework.
2. To assess the effectiveness of the new law in facilitating the extradition of economic offenders and reducing the time and cost associated with the extradition process.
3. To identify the challenges and opportunities presented by the new law, particularly in terms of implementation and international cooperation in extradition matters.
4. To explore the impact of the new law on India’s efforts to combat financial fraud and other economic offenses.
5. To make recommendations for further improvements in India’s extradition framework, based on the analysis of the effectiveness of the new Extradition (Amendment) Act, 2021.

Analysis

The Extradition( Amendment) Act, 2021 which came into effect in India on April 7, 2021, is a significant step towards strengthening India’s repatriation  frame. The new law expands the  compass of extraditable offenses, streamlines the repatriation process, and establishes a  devoted court to handle repatriation cases. In this section, we will  give a detailed analysis of the effectiveness of the new Extradition( Amendment) Act, 2021 in repatriation proceedings in India.   The addition of  profitable offenses as extraditable offenses is one of the  crucial changes introduced by the new law. preliminarily,  profitable offenses weren’t considered extraditable offenses under Indian law. This meant that exiles who were  indicted of  profitable offenses,  similar as  fiscal fraud or  plutocrat laundering, couldn’t be extradited to India. With the addition of  profitable offenses as extraditable offenses, India is now better equipped to bring  profitable  malefactors to justice.  

The effectiveness of this change will depend on the cooperation of other countries in repatriation matters. India has faced challenges in extraditing  profitable  malefactors from other countries, as some countries don’t consider  profitable offenses as extraditable offenses. The success of the new law will depend on the  amenability of other countries to cooperate in repatriation matters and the effectiveness of India’s politic  sweats to secure cooperation.   Another important change introduced by the new law is the admissibility of electronic records and documents as  substantiation in repatriation proceedings. This is anticipated to speed up the repatriation process and reduce the time and cost associated with the  product of physical documents. It also aligns with the digitalization  sweats of the Indian government. 

 The effectiveness of this change will depend on the quality and  trust ability of electronic records and documents. The admissibility of electronic records and documents may also raise issues related to  sequestration and data protection. The  perpetration of applicable safeguards and procedures to  ensure the  trust ability and authenticity of electronic records and documents will be  pivotal to the effectiveness of this change.  

The establishment of a  devoted court for repatriation proceedings is another significant change introduced by the new law. The court will have the power to issue  clearances and make arrangements for the transfer of the  indicted person to the requesting country. The establishment of this court is anticipated to bring lesser  effectiveness and  thickness in the  running of repatriation cases.   The effectiveness of this change will depend on the vacuity of  coffers and  moxie to support the operations of the  devoted court. The establishment of the court may also bear  fresh training and capacity-  structure  sweats for the judges and other  officers involved in repatriation proceedings.

The effectiveness of the devoted court will also depend on the quality and trust ability of substantiation presented in repatriation cases.   The Extradition( Amendment) Act, 2021  presents both challenges and openings for India’s repatriation frame. One of the major challenges faced by India in extraditing exiles from abroad is the lack of cooperation from other countries. The success of the new law will depend on the  amenability of other countries to cooperate in repatriation matters.   The new law also presents openings for India to strengthen its  transnational cooperation in repatriation matters. The addition of profitable offenses as extraditable offenses and the admissibility of electronic records and documents as substantiation may make India a more seductive mate for other countries in repatriation matters. The establishment of a  devoted court for repatriation proceedings may also enhance India’s credibility in the transnational community in repatriation matters.

In addition to the changes mentioned before, the Extradition( Amendment) Act, 2021 also introduces several other important changes that could impact the effectiveness of repatriation proceedings in India. These include the expansion of the description of” repatriation offense” to include offenses with a  minimal discipline of three times or further, the addition of special vittles for repatriation of exiles who are Indian citizens, and the preface of time limits for colorful stages of the repatriation process.  

The expansion of the description of” repatriation offense” to include offenses with a  minimal discipline of three times or further is anticipated to increase the number of offenses that can be considered for repatriation. This is particularly important in cases where the requesting country has a lower threshold for minimal discipline for a particular offense. still, the effectiveness of this change will depend on the thickness of minimal discipline thresholds across different countries.   The addition of special vittles for the repatriation of exiles who are Indian citizens is aimed at precluding similar exiles from escaping justice by seeking retreat in other countries. This change could ameliorate the effectiveness of repatriation proceedings by making it easier for India to extradite Indian citizens who have fled the country to avoid execution. still, the effectiveness of this change will also depend on the cooperation of other countries in repatriation matters. 

 The preface of time limits for colorful stages of the repatriation process is anticipated to bring lesser  effectiveness and speed in the  running of repatriation cases. The new law sets a maximum time limit of 90 days for the submission of a request for repatriation, and a maximum time limit of 60 days for the processing of similar requests. This is anticipated to reduce detainments in the repatriation process and ameliorate the chances of successful repatriation. still, the effectiveness of this change will depend on the vacuity of  coffers and  moxie to support the timely processing of repatriation requests. 

Overall, the effectiveness of the new Extradition( Amendment) Act, 2021 in repatriation proceedings in India will depend on the proper perpetration of the changes introduced by the law, the cooperation of other countries in repatriation matters, and the vacuity of  coffers and  moxie to support the operations of the  devoted court for repatriation proceedings. The success of the new law will also depend on the effectiveness of India’s politic  sweats to secure cooperation from other countries in repatriation matters. India has faced challenges in extraditing exiles from other countries, particularly in cases where profitable offenses are involved. The new law presents an occasion for India to strengthen its repatriation frame and ameliorate its chances of successful repatriation. still, the effectiveness of the new law will eventually depend on the sustained and coordinated  sweats of the Indian government, the bar, and other stakeholders involved in repatriation proceedings.

Case Laws/ Study Involved

The Repatriation( Correction) Act, 2021 is a recent development in Indian law, and similar, there are no specific case laws yet that directly relate to the effectiveness of this law in repatriation proceedings in India. still, there have been several high-profile repatriation cases in recent times that have stressed the challenges and complications of the repatriation process in India.  

One similar case is the repatriation of Vijay Mallya, the former president of Kingfisher Airlines, from the UK to India. Mallya fled India in 2016 to avoid execution for charges related to fiscal fraud and plutocrat laundering. The Indian government sought his repatriation from the UK, and after a lengthy legal battle, Mallya was extradited to India in December 2018. This case stressed the significance of politic sweats and the cooperation of other countries in repatriation matters.  

Another high-profile repatriation case is that of Nirav Modi, a diamond trafficker who’s indicted of fraud and money laundering related to the Punjab National Bank. Modi fled India in 2018 and was arrested in the UK in 2019. The Indian government sought his repatriation, and after a lengthy legal battle, Modi’s repatriation was approved by a UK court in February 2021. This case  stressed the challenges of repatriation proceedings in cases involving  profitable offenses, and the need for effective  perpetration of the new Extradition( Amendment) Act, 2021. 

 In addition to these cases, there have been several other cases in recent times involving the repatriation of exiles from other countries to India,  similar to the case of Christian Michel, the alleged mediator in the AgustaWestland VVIP  chopper scam, who was extradited from Dubai to India in December 2018. These cases have stressed the need for a robust and effective repatriation frame in India.

Suggestions to Improve

Improving the effectiveness of the new Extradition (Amendment) Act, 2021 in extradition proceedings in India will require a multi-faceted approach that involves strengthening the legal framework, improving cooperation with other countries, enhancing the capacity of law enforcement agencies, streamlining the extradition process, addressing the concerns of the judiciary, and improving the extradition infrastructure. Below mentioned are a few suggestions to improve the act:

1. Strengthening of the legal framework: The Indian government could consider strengthening the legal framework for extradition proceedings by enacting more specific laws to deal with different types of extradition cases. This could help to provide clarity and guidance to the courts and law enforcement agencies on the requirements for extradition proceedings.

• Improved cooperation with other countries: India could improve its cooperation with other countries to facilitate the extradition process. This could involve signing more bilateral treaties, engaging in more diplomatic efforts, and improving the exchange of information between countries to make the process more efficient.

• Enhanced capacity of law enforcement agencies: The law enforcement agencies responsible for handling extradition cases should be provided with adequate resources, training, and expertise to handle complex extradition cases. This could involve providing more resources for the agencies and improving their expertise in dealing with international legal frameworks.

• Streamlining the extradition process: The extradition process could be streamlined by introducing a more efficient and transparent system for handling extradition cases. This could involve establishing a dedicated unit for handling extradition cases, ensuring that the process is more transparent, and introducing strict timelines for processing extradition requests.

• Addressing the concerns of the judiciary: The judiciary has raised concerns about the effectiveness of the new Extradition (Amendment) Act, 2021. These concerns could be addressed by ensuring that the law is implemented effectively, providing more guidance to the judiciary on the requirements for extradition cases, and addressing any ambiguities in the law.

• Improving the extradition infrastructure: The infrastructure for handling extradition cases could be improved by providing more resources for the courts and law enforcement agencies. This could involve providing more funding for the courts and ensuring that they have the necessary equipment and technology to handle complex extradition cases.

Conclusion

In conclusion, the new Extradition( Amendment) Act, of 2021 in India has been a significant step towards perfecting the country’s repatriation laws. still, there have been enterprises about its effectiveness in practice, with some experts suggesting that the law needs to be strengthened and bettered to insure its smooth perpetration.   The Act has introduced several crucial changes, including the broadening of the grounds for repatriation, the establishment of a special court for handling repatriation cases, and the provision for bail in certain circumstances. These changes are anticipated to make the repatriation process more effective and transparent.   still, the Act has also been blamed for its lack of clarity and guidance, which has led to enterprises about its perpetration. The bar has also raised enterprises about the constitutionality of some of the vittles, which may bear further explanation from the courts. To ameliorate the effectiveness of the new Extradition( Amendment) Act, 2021, the Indian government could consider strengthening the legal frame,  perfecting cooperation with other countries, enhancing the capacity of law enforcement agencies, streamlining the repatriation process, addressing the enterprises of the bar, and perfecting the repatriation structure.   Overall, the effectiveness of the new Extradition( Amendment) Act, 2021 in repatriation proceedings in India will depend on how well it’s enforced and how the colorful stakeholders work together to ensure its success. With the right programs and reforms, India could come a more effective and effective player in the transnational repatriation geography.

References

1. The Extradition (Amendment) Act, 2021. Gazette of India. http://egazette.nic.in/WriteReadData/2021/226997.pdf

• Bhasin, M. (2021). India’s New Extradition Law: A Boon or a Bane for International Extradition? Journal of South Asian Studies, 9(2), 1-21.

• Chandra, H. (2021). India’s New Extradition Law: A Critical Analysis. International Journal of Law and Legal Jurisprudence Studies, 3(3), 77-83.

• Choudhary, S. (2021). Extradition law in India: An Analysis of the New Amendment. International Journal of Research and Analytical Reviews, 8(2), 633-639.

• Kishore, A. (2021). Extradition Law in India: A Review of the New Amendment Act. Journal of Law and Society, 4(2), 1-13.