Section 21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence
1[21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences.--Whenever any person accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not, until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than--
(a) the extradition offence in relation to which he was surrendered or returned; or
(b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or
(c) the offence in respect of which the foreign State has given its consent.]
Judgements applying section 21
The High Court dismissed a writ petition challenging the trial of an extradited person for offences connected to the extradition offences under the India-UAE Extradition Treaty.
Writ Petition (Criminal)OpenSignedBy:SANGEETAANAND SigningDate:12.13.2022 16:23:18 BAIL APPLN. 2566/2021 Page 1of 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 2566/2021 & CRL. M.As. 16335/2021, 1126/2022 Reserved on : 18.02.2022 Date of Decision : 11.03.20
MADHYA PRADEESH JABALPUR (Writ Petition No. 13035/2014) Abu
AllowedOpenExtradition; Principle of Speciality; sovereign assurance (no death penalty, imprisonment not beyond 25 years); modification of Supreme Court's earlier judgment in Abu Salem (2011) 11 SCC 214; withdrawal of additional charges (iii)-(viii); Constitutional Court of Portugal decision 05.07.2012;
DisposedOpenPage 1 of 31 * HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. No. 1764/2011 Date of Decision : 11.05.2012 STATE OF NCT OF DELHI ……Petitioner Through: Mr. Hiren Rawal, ASG with Mr. Pawan Sharma, Sanding Counsel & Mr. Harsh Prabhakar, Adv. Vers
SRI JUSTICE A.GOPAL REDDY Crl.P.No.5965 of 2007 Date of Order: 17-09-2010 Between: K.Venkateshwara Ro ..Petitioner and 1. The R.B.I. and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.
DismissedOpen