Article summary
Abstract
Extradition—the formal process by which one state surrenders an accused or convicted in
dividual to another for prosecution or punishment—is the sharpest edge of international crim
inal justice. For India, a nation with a vast diaspora, complex geopolitical neighbours, and a rap
idly globalising economy, extradition is not merely a legal formality; it is a strategic instrument
of sovereign authority. The journey of India’s extradition law mirrors its transformation from a
colonial possession to a resurgent global power. It began with the Extradition Act of 1903, a stat
ute drafted to serve the British Empire’s imperial interests, and has culminated in the Fugitive
Economic Offenders Act, 2018 (FEOA), a pioneering domestic law designed to reclaim stolen
assets and punish financial fugitives.
However, this legal odyssey is far from complete. Between 2018 and 2026, India has faced
a labyrinth of judicial delays, treaty renegotiations, diplomatic friction, and the emergence of
new-age crimes—crypto fraud, cyber-enabled money laundering, and cross-border terrorism
financing. This article traces the doctrinal evolution, critiques the persistent gaps, and assesses
the contemporary landscape of India’s extradition architecture, arguing that while the legislative
framework has modernised, its operational efficacy remains hostage to political will and judicial
reciprocity