Is Double Jeopardy A Valid Defence In Extradition Cases?

The principle of double jeopardy or non bis in idem means that no person should be tried or punished more than once for the same offense. This principle is recognized as a fundamental legal safeguard in many jurisdictions and is incorporated into Indian extradition law to prevent abuse of the extradition process.

Double Jeopardy as a Defence in Extradition Cases

Legal Basis in Indian Law

Section 5 of the Extradition Act, 1962, and India’s obligations under international treaties uphold the principle of non bis in idem. If the accused has already been tried or convicted for the same offense in the requesting country or elsewhere, extradition can be refused.

Scope of Protection

The protection applies to cases where the accused faces a risk of being prosecuted or punished multiple times for the same conduct. It safeguards against duplicity in trials and punishments across jurisdictions.

Judicial Examination

During the extradition hearing, courts verify whether the offense for which extradition is sought is substantially the same as one for which the accused has already been tried. Evidence related to previous trials or convictions may be examined.

Exceptions and Complexities

Different countries may have varying legal definitions of offenses; courts analyze the core facts to determine if offenses are identical. Separate offenses arising from the same conduct may not always trigger double jeopardy protection.

International Treaty Provisions

Many extradition treaties explicitly include clauses protecting against double jeopardy. Some treaties require certification that the person has not been previously convicted or acquitted for the same offense.

Practical Impact

Accused individuals can invoke double jeopardy as a defence to delay or prevent extradition. The Central Government and courts carefully balance this defence with treaty obligations and the interests of justice.

Human Rights Considerations

Upholding double jeopardy aligns with fair trial rights protected under international human rights instruments such as the ICCPR (International Covenant on Civil and Political Rights).

Example

If a person accused of fraud in Country A has already been acquitted or convicted for the same fraudulent act there, and Country B later requests extradition for the same act, Indian courts may refuse extradition on double jeopardy grounds, provided the offense and facts substantially overlap.