The Home Secretary of India, Govind Mohan, has expressed significant concerns regarding procedural irregularities in the management of extradited individuals in certain jurisdictions. He warned that such inconsistencies could jeopardize India’s reputation in future extradition negotiations with foreign nations.
In a recent communication to state governments and Union Territories, Mohan highlighted that some individuals extradited for specific crimes have been charged with unrelated offenses upon their arrival in India. He emphasized that this practice contravenes the Rule of Specialty, which is not only a treaty obligation but is also mandated by the Extradition Act of 1962.
Mohan pointed out that the Supreme Court has consistently confirmed that an extradited person may only be prosecuted for the crime specified in the extradition order. He noted, “Prosecuting them for any other offense is beyond legal jurisdiction and violates Section 21 of the Act.”
The Rule of Specialty is a well-recognized tenet of international extradition law found in Section 21 of the Extradition Act. It stipulates that a person extradited to India can only face trial for the offenses for which they were extradited, unless prior consent is obtained from the extraditing country for prosecution in any different case.
Mohan also reminded all Directors General of Police (DGPs) that individuals who have completed their trials or sentences should not be detained to face new charges in India without consent from the country that extradited them. “In the absence of such consent, the individual must be returned to the extraditing state in accordance with legal provisions and relevant treaties,” he stated.
While Mohan referenced several landmark judicial decisions, he did not specify any particular cases involving individuals extradited for certain offenses who were later charged with new crimes.
He stressed that sovereign commitments regarding the nature of charges and penalties must be strictly maintained to preserve international relationships. “Any departure from these statutory and treaty commitments could negatively impact India’s credibility in ongoing extradition cases and might complicate future requests from foreign jurisdictions. This could also lead to legal challenges in cases against wanted fugitives in other countries,” he noted.
The Home Secretary instructed all investigative agencies and state extradition cells to ensure rigorous compliance with the law. He recommended that state extradition units consult with the Central Bureau of Investigation’s (CBI) extradition cell for guidance on complex matters.
Mohan concluded by asserting that the integrity of India’s extradition processes relies on adherence to these obligations, urging senior state officials to provide clear directives to enforcement agencies.
The CBI reported that it successfully facilitated the extradition or deportation of 134 fugitives from 2020 to 2025. In the 2024-25 period, 71 fugitives wanted by India were located abroad, while 203 individuals wanted by other countries were identified in India. Additionally, 27 fugitives were returned to India from outside the country, according to the 2024-25 annual report from the DPoT.
Mahender Singh Manral serves as an Assistant Editor at The Indian Express, focusing on impactful stories related to the Ministry of Home Affairs, investigative agencies, and issues of internal security. With a background in crime reporting and a history of covering significant topics in law enforcement, he brings a depth of understanding to his work. Manral has also worked with various prominent publications, continually seeking stories that resonate with the public.
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