What is difference between Extradition Treaty and Extradition Agreement?

The major difference between a treaty and arrangement is similar to a written agreement and a verbal agreement, or a binding agreement and nonbinding agreement.

  • The Extradition Treaty is signed after keeping in view the divergence between the laws  of various countries. The treaty generally accepts the principle of dual criminality, so a person who is a fugitive in India will also be treated as a fugitive and criminal in the country in which he / she seeks asylum.
  • As far as arrangements are concerned the countries agree to assist mutually in “legal procedures” , without any binding agreement. We take an example:

If with country A we have a treaty –the country A will act upon the articles enshrined in the extradition treaty when a criminal flees from india to that country. This follows the arrest, detentions and extradition.

If we have arrangement, the criminal may or may not be detained depending upon the local laws. If detained, he may be extradited as per the existing international regulations only.

Further Please also note:

  • Just before Indepdenece in 1947, India had extradition treaties with 42 countries. After indepdence many of them were renewed but some of them were  not renewed.

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