Skip navigation

India-Belgium Extradition Treaty

Aug. 17, 2020   •   Architi Batra

[Profile of the author: Harikesh Narang is a Second Year Student of Maharaja Agrasen Institute of Management Studies]

INTRODUCTION

The Union Cabinet in March approved and ratified for a new treaty between the Kingdom of Belgium and the Republic of India.[1] The treaty currently in force was applicable to India by Exchanging of Notes in 1954 between India and Belgium thus conforming the continued applicability of the Treaty of Extradition which was entered between Britain and Belgium in 1901.[2] We shall analyze both the Treaty currently in force and the treaty which will come into effect in the near future.

EXTRADITION TREATY BETWEEN INDIA AND BELGIUM, 1954

According to the provisions of the treaty, It is agreed between India and Belgium that all the persons will be liable for extradition if they are being accused or convicted as principals or accessories of the crimes listed in Article 1 of the Treaty.[3] Some of them are listed below.

  • Murder or attempt or conspiracy to murder.
  • Administering drugs or any substance with intent to cause the miscarriage of a woman
  • Manslaughter
  • Bigamy
  • Counterfeiting or altering money
  • Forgery
  • Endanger Person in a Railway Train with a malicious act
  • Robbery by Violence
  • Obtaining valuable security by false pretences
  • Rape
  • Piracy by Law of Nations

The surrender will only be made if the person accused is committed to the said crime according to the laws of the country he is found to be in. Moreover, the surrender cannot be made unless and until the crime committed by him shall be punishable according to laws in both the countries. It is also mentioned in the treaty that none of the countries shall be bound to surrender their own nationals.[4] Surrender will also not take place if the accused is eligible to take benefit from the exemption from punishment acquired by lapse of time according to the laws of the country where the accused has taken refuge.

It is stipulated that if sufficient evidence for extradition has not been collected within 2 months of arrest or from the day he was assigned to a diplomatic agent for extradition, the concerned individual expected to be extradited shall be set at liberty.[5]

The terms of the Treaty further stipulate that none of the nations shall detain a person in the state to which he has been handed over for any charge prior to extradition except those charges in respect of which extradition has been granted unless he has returned to the country from which he was extradited or he has had an opportunity to visit that country. Moreover, he can not be extradited to a third state if he till the time has not have had an opportunity of returning to the country from which he had been extradited.[6]

Moreover, no person in accordance with this treaty shall be extradited for an offence that is political in nature. [7] If two or more states ask for extradition to one state, the surrender if made shall be granted to the country on first come first serve basis unless any other agreement entered between states on basis of the seriousness of the crimes committed or any similar basis.[8]

THE NEW EXTRADITION TREATY

The Extradition treaty entered into earlier between India and Belgium was of a limited nature because of the limited number of offences listed under the Treaty. It has been observed that the same has become obsolete in today’s context. Hence the need for a new treaty. The Prime Minister of India and the Union Cabinet have approved and ratified the new treaty and the same will come into effect from the date of the exchange of Instruments of ratification between both the nations.

According to the Government’s Press Bureau, “The Treaty would provide a legal framework for seeking the extradition of terrorists, economic offenders, and other criminals from and to Belgium.” The new provisions included will be related to assurance in case of capital punishment, protection of personal data, mutual legal assistance in matters of extradition etc.

The current extradition treaty followed the “list system” containing an exhaustive list of offences for which fugitives can be surrendered. The new treaty will adopt the “dual criminality” approach, which is more convenient as it ensures that newer offences such as cybercrime, will be given due recognition in both countries and will not require a renegotiation of treaty terms.[9]

Under the New Treaty, there will be an obligation between both the states to extradite a person who has committed an extraditable offence unless the nature of the offence falls under the category of “Mandatory Grounds for Refusal”[10] as stipulated below:

  • The offence is a political offence
  • The offence is a military offence
  • The offence is on the basis of race, sex, religion, nationality or political opinion
  • If the prosecution cannot be carried out as the offence has become time-barred

CONCLUSION

The government has taken the right step by come up with the new treaty to fit in the new time. It has been observed that increasing numbers of fugitive offenders like Neeshal Modi, one of the prime accused in the PNB Bank Scam have been fleeing to Belgium.[11] The new treaty entered between India and Belgium will envisage provisions ensuring justice in the modern sense. Since 2002, India has been able to secure the return of 66 fugitives. India’s extradition success rate stands at an alarming 30-40%.[12] The government should strengthen it’s extradition treaties with other states to ensure that the criminal does not escape the law.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.


[1]Unknown, ‘Cabinet nod to the extradition treaty between India and Belgium’ Outlook India (New Delhi, 21 March 2020)

[2] Unknown, ‘Exchange of Notes confirming Treaty of Extradition’ (Ministry of External Affairs, Unknown) < https://mea.gov.in/bilateral-documents.htm?dtl/7690/Exchange+of+Notes+confirming+Treaty+of+Extradition> accessed 9 June 2020

[3] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 1

[4] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 1

[5] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 5

[6] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 6

[7] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 7

[8] Exchange Of Notes Between The Governments Of India And Belgium Confirming The Continued Applicability Of The Treaty Of Extradition Of 1901, Article 10

[9] Aarshi Tirkey, ‘India’s Challenges in Extraditing Fugitives from Foreign Countries’ (2018) 270 ORF <https://www.orfonline.org/wp-content/uploads/2018/11/ORF_Issue_Brief_270_Extraditions.pdf> accessed 9 June 2020

[10] PIB Delhi, ‘Cabinet approves signing and ratifying of the Extradition Treaty between India and Belgium’ Press Information Bureau(New Delhi, 21 March 2020)

[11] Press Trust of India, ‘CBI moves to extradite Nirav Modi’s brother Neeshal for alleged role in PNB fraud case’ (Hindustan Times, 10 September 20018) <https://www.hindustantimes.com/india-news/cbi-moves-to-extradite-of-nirav-modi-s-brother-neeshal-for-alleged-role-in-pnb-fraud-case/story-tAIsUTXDdoLcyWLTpdldpL.html> accessed 9 June 2020

[12] Aarshi Tirkey, ‘India’s Challenges in Extraditing Fugitives from Foreign Countries’ (2018) 270 ORF <https://www.orfonline.org/wp-content/uploads/2018/11/ORF_Issue_Brief_270_Extraditions.pdf> accessed 9 June 2020


Liked the article ?
Share this: