71 Fugitives Located Abroad in 2024-25

Syllabus: GS2/ Governance; GS3/ Economy

Context

  • According to the 2024-25 annual report of the Department of Personnel and Training (DoPT), the Central Bureau of Investigation (CBI) located 71 people wanted by India in foreign countries, the highest in the last 12 years.

About

  • Fugitives are individuals who are accused or convicted of a crime and deliberately evade the legal process by fleeing from the jurisdiction of the country where the offence was committed.
  • They escape to avoid arrest, trial, conviction, or punishment by law enforcement authorities and their return requires a legally recognised international mechanism, known as extradition.

What is Extradition?

  • Extradition is the recognised international mechanism for the timely return of fugitives from foreign countries. 
  • It is defined as the “delivery of an accused or convicted individual from the country he is found in, to another country that requests his extradition”.
  • The process is governed by treaties and agreements which adopt internationally recognised legal principles for the surrender of fugitives.
  • Extradition Requests:
    • Over the last five years, India has sent 137 extradition requests to foreign countries, of which most were accepted but remain pending.
    • Letters Rogatory continue to face significant delays. As of 2025, 533 Letters Rogatory were pending with foreign countries.
Institutional Framework Governing Extradition

The Central Bureau of Investigation, acting as India’s Interpol National Central Bureau, issues Interpol notices, and engages with foreign police agencies to locate fugitives.
The Ministry of External Affairs manages diplomatic engagement related to extradition and mutual legal assistance.
a. India has extradition treaties with around 48 countries and extradition arrangements with 12 countries.
Mutual Legal Assistance Treaty: It is a mechanism whereby countries cooperate with one another in order to provide and obtain formal assistance in prevention, suppression, investigation and prosecution of crime.
a. Aim: To ensure that the criminals do not escape or sabotage the due process of law for want of evidence available in different countries.
Letters Rogatory (LRs): These are formal requests from an Indian court to a foreign court for judicial assistance such as evidence collection, serving summons.
a. It is done through diplomatic channels and is usually slower than MLAT.

Legal Architecture Supporting Extradition

  • Extradition in India is governed by the Extradition Act, 1962, which provides the legal basis for surrendering or receiving fugitives under treaties or executive arrangements.
  • India is also a party to multilateral conventions such as;
    • United Nations Convention against Corruption and 
    • United Nations Convention against Transnational Organized Crime.
  • The Fugitive Economic Offenders Act, 2018 (FEOA): The law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts.
    • It is a law whereby the Enforcement Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from India warranting arrest and provide for the confiscation of their properties to the Central Government.

Structural Challenges in Extradition

  • Judicial Scrutiny in Foreign Jurisdictions: Foreign courts independently examine extradition requests, prison conditions and human rights safeguards in the requesting country.
    • These assessments frequently prolong or obstruct extradition proceedings involving Indian requests.
  • Asylum and Political Protection Claims: Many fugitives claim political persecution or seek asylum in host countries, transforming criminal proceedings into complex legal and humanitarian disputes. 
  • Absence of Treaties with Certain Jurisdictions: Several fugitives reside in countries with which India does not have extradition treaties, limiting India’s ability to secure their return through legal compulsion.
  • Outdated Treaty Structures: Older treaties follow a restrictive list system, which excludes modern crimes such as cybercrime and complex financial fraud.

Governance and Security Implications

  • Impact on Rule of Law: Low extradition outcomes weaken deterrence against economic and transnational crimes and encourage offenders to evade domestic legal processes by fleeing abroad.
  • Internal Security and Financial Integrity: Delayed extradition hampers India’s efforts to combat money laundering, corruption, and organized crime, while also undermining public confidence in the criminal justice system.

Way Ahead

  • India needs to expand its extradition treaty network, especially with major financial centres, and pursue sustained diplomatic engagement to expedite pending cases.
  • Improving prison infrastructure, ensuring timely trials, and reinforcing procedural safeguards are needed to address concerns raised by foreign courts and strengthen India’s extradition credibility.

Source: TH

 

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