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Section 34A of The Extradition Act, 1962 in hindi

Prosecution on refusal to extradition.

1[34A. Prosecution on refusal to extradition.--Where the Central Government is of the opinion that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a foreign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India.]

Summary

Sometimes, the Central Government will decide that a fugitive criminal cannot be surrendered or returned to the foreign country that requested them.
When the government formally refuses the extradition request, it does not mean the criminal automatically goes free.
The Central Government has the power to take steps to prosecute the fugitive criminal locally in India instead.
The government uses its own judgment on whether to proceed with this local prosecution.

Practical examples

1Country X asks India to extradite David for a robbery. India refuses because Country X does not guarantee a fair trial for David's specific minority group. Instead of letting David walk free, the Central Government uses Section 34A to prosecute him for the robbery in an Indian court.

2A foreign state requests the return of a fugitive, but India denies the request because the paperwork lacks mandatory guarantees. To ensure justice is still served, the Indian government decides under Section 34A to initiate a criminal trial against the fugitive in Delhi.

FAQ

1. If India refuses to extradite someone, do they just get away with the crime?

Not necessarily. Section 34A allows the Indian government to prosecute the person in India instead of sending them back.

2. Who decides if the person will be prosecuted in India after a refusal?

The Central Government makes the decision to take steps to prosecute, doing so "as it thinks fit."

3. Does this happen automatically every time an extradition is refused?

No, the government is not forced to do it. The law says the government "may, as it thinks fit," take steps to prosecute.

Test yourself

1.Under Section 34A of The Extradition Act, 1962, what is the primary trigger for the Central Government to consider prosecuting a fugitive criminal in India?

2.Under Section 34A of The Extradition Act, 1962, is the Central Government legally forced to prosecute the fugitive if extradition is refused?

3.Under Section 34A of The Extradition Act, 1962, who holds the authority to take steps to prosecute the fugitive criminal after an extradition refusal?

4.Under Section 34A of The Extradition Act, 1962, if the government decides to act after refusing an extradition, what specific action does the section authorize?

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