Differentiate between extradition, deportation and abduction. What are the merits of extradition? Examine the nature and scope of India’s extradition treaty with the United Kingdom

Extradite : Handing over a person to a foreign country where the crime is committed by him. One sovereign power request extradition request to another sovereign power.

Deportation: Sending a person who is not a citizen of the country by the immigration officers. Immigration officers have the right to stop anyone coming and staying in the country illegally.

Abduction: Forcefully taking someone from the foreign country without their consent

Merits of Extradition:

  1. It is judicial in nature and subjected to judicial review thus justice will be served for the accused
  2. It will be done in formal manner by countries which have such bilateral agreements or treaties
  3. It will help to remove the safe havens for the criminals and fugitives who chooses to stay in the foreign lands after committing the crime

India-UK Mutual legal Assistant Treaty(1995):

Scope:Mutual assistance in investigation,prosecution of crime,racing , restraints and confiscation of proceeds of instruments of crime

Nature:

1.Home ministry will be the nodal agency and any requests will be sent to it. After its approval, request will be sent to UK government through External Affairs ministry

2. Countries can seek transfer of persons, including persons in custody for the purpose of  assisting in the investigation or giving the evidence in the proceedings

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