Wednesday, February 19th, 2025

What is the extradition agreement signed between India and Bangladesh in 2013, know each and every thing

New Delhi : The interim government of Bangladesh has sent a diplomatic message to India to send its ousted Prime Minister Sheikh Hasina back to Dhaka. In this message it has been said that Sheikh Hasina should be extradited to Bangladesh. India has also confirmed receipt of the diplomatic message from the Bangladesh High Commission in New Delhi. However, the Ministry of External Affairs in India has refused to immediately comment on this demand. Bangladesh has also cited the 2013 extradition treaty with India. Under the provisions of the India-Bangladesh Extradition Treaty, extradition can be refused if the offense is ‘political’ in nature. In such a situation, if Sheikh Hasina convinces India that the allegations against her are politically motivated, then India can refuse her extradition. Another clause of the treaty states that a person convicted of a crime cannot be extradited unless he/she has been sentenced to a term of four months or more.

What is India-Bangladesh Agreement 2013

In such a situation, do you know what is this agreement between the two countries? The extradition treaty was signed between India and Bangladesh on January 28, 2013. The signing was done in Dhaka during the visit of the Home Minister of India to Bangladesh. The extradition treaty was made to promote cooperation between the law enforcement agencies of the two countries and help curb criminal activities. There are 13 articles in this treaty.

Article 1

liability for extradition

  1. The contracting States agree, subject to the provisions of this Treaty, to extradite to each other persons who have been found in the territory of one of the contracting States, have been prosecuted, or are Charged with, or who is wanted by a judicial authority of the other country for the enforcement of a judicially declared penalty for the commission of an extraditable offense described in Article 2.
  2. In respect of an extraditable offense committed outside the territory of the requested State, the requested State shall, subject to the provisions of this Treaty, grant extradition if its laws provide for the punishment of such offense in comparable circumstances.

Article 2

extradition offense

  1. An extradition offense for the purposes of this Treaty is constituted by conduct which is punishable under the laws of each contracting country by imprisonment for a term of not less than one year.
  2. Any offense can be an extradition offence, whether it relates to taxation or revenue or is of a purely fiscal nature.
  3. In determining whether an offense is an offense punishable under the laws of both the contracting States, it shall not matter whether the laws of either State place the act or omission constituting the offense in the same category of offence. or designate the crime with the same terminology.
  4. Extradition shall also be granted in respect of attempting to commit or aiding, abetting, abetting or participating as an accessory to the commission of an extraditable offence.

Article 3

joint crime
Extradition shall be available for an extradition offense in accordance with this Treaty, regardless of whether the conduct of the person sought occurred wholly or partly in the requested country, if under the law of that country the conduct and its effects, or its intended effects, are, in their entirety, shall be treated as an extraditable offense in the territory of the requesting country.

Article 4

central authority
For the Republic of India, the central authority will be the Ministry of External Affairs and for the People’s Republic of Bangladesh, the central authority will be the Ministry of Home Affairs. Each contracting country shall inform the other through diplomatic channels of any change in the Central Authority.

Article 5

extradition of citizens
Nothing in this Treaty shall prevent the requested State from extraditing its nationals in respect of any territorial offense or in respect of any extra-territorial offence.

Article 6

political crime exception

  1. Extradition may be refused if the crime for which it is requested is a crime of a political nature.
  2. For the purpose of this Treaty, murder, culpable homicide, terrorism, bombings and other crimes shall not be considered as crimes of political character.

Article 7

extradition and prosecution

  1. An extradition request may be refused by the requested country if the person whose extradition is sought may be tried for an extraditable offense in a court of that country.
  2. Where the requested State refuses a request for extradition for the reason specified in paragraph 1 of this Article, it shall submit the case to its competent authorities for consideration of prosecution. Those authorities will take their decision in the same manner as in the case of an offense of a serious nature under the law of that State.
  3. If the competent authorities decide not to prosecute such a case, the extradition request shall be reconsidered in accordance with this Treaty.

Article 8

grounds for refusing extradition

he/she may convince the Requested State that, taking into account all the circumstances, it would be unjust or oppressive to extradite him/her because:
(i) the offense with which he/she is accused or convicted is of a trivial nature; Or
(ii) the time has elapsed since he/she is alleged to have committed the offense or to be unlawfully absconding, as the case may be; Or
(iii) the charge against him/her is not made in good faith in the interests of justice; Or

(b) the offense with which he/she is charged or convicted is a military offense which is also not an offense under the ordinary criminal law.

2. A person convicted of an extraditable offense cannot be extradited unless he/she has been sentenced to imprisonment or other form of detention for a term of four months or more.

3. A person shall not be extradited if he/she, when being tried in the territory of the requested State for the offense for which his/her extradition is requested, has a previous acquittal or conviction under any rule of the law of the requested State. is entitled to belong to.

Article 9

temporary surrender
To the extent permitted by its law, where a person serving a sentence in the requested State is found to be extraditable, the requested State may temporarily transfer the sought person to the Requesting State for the purpose of prosecution in accordance with conditions to be determined between the contracting states. Can hand over. A person returned to the requested State after temporary surrender may be ultimately handed over to the requesting State to serve any punishment imposed in accordance with the provisions of this Treaty and the existing law of the requested State.

Article 10 There is mention of extradition procedures. Under this treaty, extradition requests will be made through diplomatic channels.

Article 11 Regarding provisional arrest. In case of urgency, a country can request another country to provisionally arrest a wanted person. Such request shall be made in writing and transmitted through diplomatic channels to the central authority of the requested State.

Article 12 contains the rule of specialty.

1. Any person returned to the territory of the requesting State under this Treaty shall, during the period described in paragraph (2) of this Article, be treated in the territory of the requesting State before he/she is returned to that territory. Relates to proceedings for or in connection with any offence.

Article 13 is related to evidence.

Share on:

Leave a Reply

Your email address will not be published. Required fields are marked *