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An analysis of extradition laws

In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962.This is for both extraditing persons to India and from India to foreign countries. The basis of the extradition might be a treaty between India and another country . At present India has an extradition treaty with some 40 countries and extradition agreement with 11 countries.

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Extradition is that the process by which one state, upon the request of another, affects the return of an individual for trial for a criminal offense punishable by the laws of the requesting state and committed outside the state of refuge.

The Supreme Court defined extradition because the delivery on the a part of one State to a different of these whom it’s desired to affect for crimes of which they need been accused or convicted and are justifiable within the Courts of the opposite State.

Extraditable persons include those charged with a criminal offense but not yet tried, those tried and convicted who have escaped custody, and people convicted in absentia.

EXTRADITION LAW IN INDIA:

In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962.This is for both extraditing persons to India and from India to foreign countries. The basis of the extradition might be a treaty between India and another country . At present India has an Extradition treaty with quite 40 countries and Extradition agreement with 11 countries.

What is Extradition Treaty:

Section 2(d) of The Indian Extradition Act 1962 defines an ‘Extradition Treaty’ as a Treaty, Agreement or Arrangement made by India with a far-off State, concerning the extradition of fugitive criminals which extends to and is binding on India. Extradition treaties are traditionally bilateral in character. The consensus in law of nations is that a state doesn’t have any obligation to surrender an alleged criminal to a far-off state, because one principle of sovereignty is that each state has legal authority over the people within its borders. Such absence of international obligation, and therefore the desire for the proper to demand such criminals from other countries, have caused an internet of extradition treaties or agreements to evolve. When no applicable extradition agreement is in situ , a sovereign should request the expulsion or lawful return of a private pursuant to the requested state’s domestic law.

This can be accomplished through the immigration laws of the requested state or other facets of the requested state’s domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing extradition to require place within the absence of an extradition agreement. Sovereigns may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a requested state within the absence of an extradition treaty.

Principles Followed:

The extradition applies only to such offences which are mentioned within the treaty.

It applies the principle of dual criminality which suggests that the offence sought to be an offence within the national laws of requesting also as requested country.

The requested country must be satisfied that there’s a clear case made against the offender.

The extradition should be made just for the offence that extradition was requested.

The accused must be given a good trial.

NODAL AUTHORITY:

Consular, Passport and Visa Division of the Ministry of External Affairs, administers the Extradition Act and it processes incoming and outgoing Extradition Requests.

IMPLEMENTATION:

Extradition are often initiated within the case of under-investigation, under-trial and convicted criminals.

In cases under investigation, abundant precautions need to be exercised by the enforcement agency to make sure that it’s in possession of clear evidence to sustain the allegation before the Courts of Law within the Foreign State.

NEED AND IMPORTANCE OF UNDERLYING PHILOSOPHY OF THE LAW OF EXTRADITION:

Crime is increasingly turning international. Many serious offences now have cross border implications. Even in cases of traditional crime, criminals frequently cross borders so as toflee prosecution. consistent with traditional principle of territoriality of legal code , a State won’t usually apply its legal code to acts committed outside its own boundaries. However, there’s a growing recognition that states should show solidarity in repression of criminality and co-operate within the international battle against crime. Though States refuse to impose direct criminal sanctions to offences committed abroad (except exceptional situations of extraterritorial jurisdiction), the states are usually willing to cooperate with one another in bringing perpetrators of crime to justice.

The device of extradition therefore, evolved under the principle of comity of countries whereby one State surrenders a criminal to the opposite state for bringing him to justice in country in whose jurisdiction offence was committed. it had been realised that trial for a criminal offense need to be conducted within the vicinity of the crime; this not only enables easy availability of evidence, but a criminal offense punished within the very vicinity of the first offence sends out a robust signal of deterrence and restores societal equilibrium, which the crime had upset.

# Extradition, therefore, may be a means to resolve two apparently conflicting principles – first being that – criminal jurisdiction extends only to offences committed within geographical boundaries; Secondly, the rule that frowns over a crime/criminal going unpunished on account of jurisdictional reasons.

PROCESS OF EXTRADITION:

Receipt of data

The process of extradition is about into motion by the receipt of Information/Requisition regarding fugitive criminals wanted in foreign countries. This information could also be received :-

Directly from diplomatic channels of the concerned country (along with the required information concerning the offence and therefore the fugitive); or

General Secretariat of ICPO-Interpol within the sort

Other settled modes of communication.

MAGISTERIAL INQUIRY:

Where a requisition is received, the Central government may order a search by a magistrate directing him to enquire into the case. The initial inquiry by the Central Government before ordering a magisterial inquiry needn’t be an in depth one. Nopre-decisional hearing is required to tend to the fugitive before ordering magisterial enquiry .The function of the Magistrate under this Section is quasi-judicial in nature. The magistrate directed to proceed with the enquiry needn’t have territorial jurisdiction.

On receipt of order, the Magistrate shall issue a warrant of arrest of the fugitive criminal;

Once the fugitive criminal appears, or is brought before Magistrate pursuant to the warrants, the magistrate inquiriesinto the case.

UN CONVENTIONS:

Certain conventions of the United Nations (“UN”) also include provisions for extradition (for facing prosecution as also for serving sentence), which are recognized by India because it may be a signatory to such conventions. These conventions are multilateral treaties entered into by several countries primarily to market cooperation between such countries so as to curb trading of illicit drugs, terrorism, concealment and trafficking. Increasingly, there’s a bent of investigation agencies to invoke the provisions of those conventions, within the absence of a treaty or where the extradition treaties aren’t likely to yield productive result.

An example of UN conventions to which India may be a signatory, is that the UN Convention Against Corruption (“UNCOC”), which deals with offences of and concerning corruption, and therefore the UN Convention against Transnational Organised Crime (“UNCTOC”), which deals with offences of and concerning transnational organised crimes like trafficking. Article 44(2) of the UNCOC prescribes extradition of persons albeit the offences imagined to are committed within the requesting country aren’t offences within the requested country and the other way around (i.e. an individual are often extradited even without meeting the condition of dual criminality, which may be a prerequisite in most of the extradition treaties). Furthermore, Article 44(13) of the UNCOC stipulates that if extradition, looked for purposes of enforcing a sentence, is refused because the person sought may be a national of the requested State, the requested State shall, if its domestic law so permits and in conformity with the wants of such law, upon application of the requesting State, consider enforcement of the sentence imposed under the domestic law of the requesting State or the rest thereof.

FUGITIVE ECONOMIC OFFENDERS ORDINANCE:

India has recently promulgated the Fugitive Economic Offenders Ordinance, 2018 (“Ordinance”) on April 21, 2018, which allows initiation of varied actions against “fugitive economic offender”, who flees the country after defaulting on multi-crore bank loans and similar instances of fraud. “Fugitive economic offender” is a private against whom anbench warrant concerning a scheduled offence has been issued by any court in India, who have left India so on avoid prosecution , or being abroad, refuse to return to India to face prosecution . Schedule offence means an offence specified under the schedule to the Ordinance, if the entire value involved in such offence(s) is Rs. 100 crores or more. Under the Ordinance, certain authorized officers can file an application within the special court for declaring such persons as fugitive economic offenders. The aforesaid officer also can , with the permission of the special court, provisionally order attachment of such persons’ properties, even before filing aforesaid application provided an equivalent is filed within 30 days from the attachment date. Such authorized officers have also been empowered to conduct survey and inspection, search and seizure of the offender’s properties. Once the accused are declared as fugitive economic offenders, the special court has the facility to order confiscation of their proceeds of crimes and properties in India also as abroad by the Indian Government.

CONCLUSION:

Despite the extensive statutory framework and dealing machinery in situ to extradite persons from abroad into India, only 65 fugitives are extradited to India since the year 20025 and it’s evident that the surrender process is sort of cumbersome and tedious, often taking years to finish and, in some cases, they even remain unsuccessful. Needless to mention , it enables the fugitive criminals accused of offences in India, to evade arrest and prosecution for years on end. The Ordinance may be a step within the right direction but the future benefits of the Ordinance and its ability to encourage the foreign States to increase cooperation to India to expedite the extradition process remains to be seen.

An example of UN conventions to which India may be a signatory, is that the UN Convention Against Corruption (“UNCOC”), which deals with offences of and concerning corruption, and therefore the UN Convention against Transnational Organised Crime (“UNCTOC”), which deals with offences of and concerning transnational organised crimes like trafficking. Article 44(2) of the UNCOC prescribes extradition of persons albeit the offences imagined to are committed within the requesting country aren’t offences within the requested country and the other way around (i.e. an individual are often extradited even without meeting the condition of dual criminality, which may be a prerequisite in most of the extradition treaties). Furthermore, Article 44(13) of the UNCOC stipulates that if extradition, looked for purposes of enforcing a sentence, is refused because the person sought may be a national of the requested State, the requested State shall, if its domestic law so permits and in conformity with the wants of such law, upon application of the requesting State, consider enforcement of the sentence imposed under the domestic law of the requesting State or the rest thereof.

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Policy & Politics

INDIA TO ADD 50 FRESH UNICORNS IN 2022: STUDY

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In India more than 50 startups have the potential of entering the unicorn club in 2022 as showcased in a new study. This will take the total tally of India to well over 100 startup unicorns(those well valued over $1 billion each). The year 2022 has shaped up nicely to become a matrix and a petri-dish of startups and with each success the chances of others joining them becomes well over-precedent. The growth of startups can be attributed to various national economic policies and the ease of doing business norms. The shopping capabilities and buying parameters of the people also has to do a lot with this, the report by a consultancy firm suggested.

Amit Nawka, partner(deals and startup leader) in PwC India, which conducted the study said that, “ We can say that the base of these companies in growth stage and late-stage deals have improved have improved significantly in the calendar year 2021, depicting a stronger base of companies having the potential to reach the unicorn status. With market sentiments favourably inclined towards startups, and the large base of scaled startup companies at the end of CY21, we expect the startup’ unicorn tally to go well beyond 100 by the end of 2022.” Over $10 billion was invested in the Indian startup ecosystem in the October-December quarter alone, according to the report.

81 is the total number of startups in India as of now with a total valuation of 4274 billion. Of these 44 unicorns with a total valuation of $89 billion were born last year, shows data from Invest India, the national investment promotion agency. The PwC report shows that in the fourth quarter, startup funding crossed the $10 billion mark.

If we talk about categorisation, Fintech startups raised nearly four times more funds last year as compared to the previous year. Edtech followed closely with a growth of 86% compared to $2.2 billion raised in 2020. Software as a service came in a close third. Growth and late-stage deals comprised around 85% of the total funding. Among the most persistent and active investors were Sequoia Capital, Accel and Tiger Global. A December 2021 report by the Hurun Research Institute had mentioned that India is the third largest home for unicorns globally but trails the US and China by a wide margin.

Bengaluru and the Nation Capital Region witnessed nearly three-fourth of the total funding by venture capital and private equity funds, the report said. In its list of 50 potential unicorns it placed companies like Khatabook, Whatfix, Practo, Ninjacart, Inshorts, Pepperfry as among the candidates because of their history of having raised over USD 100 million to date.

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Policy & Politics

Effect of high rated fuel on country’s economy

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High fuel taxes combined with a recovery in international crude oil rates has affected millions of people, slowing down the recovery of the country. The price of petrol and diesel hits a new record everyday. In Mumbai, petrol can be bought at Rs 109.98 per litre and diesel costs Rs 94.14 for one litre as on 18th January.

Experts have warned that rising fuel rates could severely derail India’s economy, which is already under pressure due to the impact of the second Covid-19 wave. High petrol and diesel prices have not only impacted vehicle owners, but also people who do not own a car. Rising fuel prices have resulted in a sharp rise in retail inflation, making a host of essential commodities and services costlier for citizens.

Elevated tax levels are playing a major role in the current record high prices in India. The central government had last year increased levies on petrol by Rs 14 per litre and on diesel by Rs 16 per litre to shore up revenues as the pandemic forced a sharp slowdown in the economic activity. Central and state taxes currently account for about 53.5 per cent of the pump price of petrol and about 47.6 per cent of the pump price of diesel in Mumbai

The rising crude oil prices, and the higher taxation impact, have also contributed to the prices of petrol and diesel regularly setting new record highs across the country in 2021. Petrol in nation’s capital is priced at Rs 95.41 per litre while diesel in the national capital is retailing at Rs 86.67 per litre. India has seen a faster recovery in the consumption of petrol than of diesel after pandemic-related restrictions with petrol consumption up 9 per cent in September compared to the year ago period but diesel consumption remaining 6.5 per cent below 2020 levels. Diesel accounts for about 38 per cent of petroleum product consumption in India and is a key fuel used in industry and agriculture.

India has long pushed for Middle eastern countries to remove the Asian premium that Asian countries have to pay for crude oil as key oil producers set higher prices for India than for the US and European countries. Despite a 40 cent per barrel cut in the official selling price of light crude to Asia, Saudi Arabia is still charging a $1.30 premium on the benchmark price for light crude sold to India compared to a $2.4 discount on the benchmark price for European customers.

Experts have noted that countries like India do not have much bargaining power in the current market scenario where supply is lower than demand and that India’s bargaining power may be reduced further if we try to further diversify crude oil procurement. Also, the level of output and pricing benchmarks are decided by cartels such as OPEC.

So, Experts believe that the government should cut excise duty to some extent as it will provide some relief to customers and lead to higher sales and revenues which will accelerate the economy. But economic recovery will become tricky if the government continues to ignore rising fuel prices. If the commodity becomes too expensive, it would see a sharp decline in revenue.

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India-born top the list of founders among US unicorns: Study

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It is not only in India but in the US too that Indian founders are creating unicorns.

A study by Professor of Finance at Stanford University’s Graduate School of Business, Ilya A. Strebulaev researched that 90 out of 1,078 founders and entrepreneurs across 500 US unicorns were born in India which signalled a significant presence of Indian-Americans in the country’s startup and tech economy. He tweeted that, “Over four out of ten unicorn founders are first gen immigrants”. Indian born founders were followed by the ones from Israel and Canada with 52 and 42 founders respectively.

Some of the Indian origin founders of prominent unicorns include: Rohan Seth of Clubhouse, Baiju Bhatt of Robinhood, Dheeraj Pandey, Mohit Aron, Ajeet Singh of Nutanix, Apoorv Mehta of Instacart, Aayush Phumbhra of Chegg, among many others.

The research undertaken by Strebulaev is ripe at the time when India based technology want to return back home. Indian immigrants in the US are increasingly leaving their American dream behind because of visa issues and also because of the allure of a thriving startup culture in the home country. America has had a history of extremely successful Indian-origin entrepreneurs including Kanwal Rekhi, Pramod Haque, Sanjay Malhotra among others. India born executives are not only fueling the startups of the US but they are the executives of the most powerful tech giants.

U.S based Kaufman Foundation 33.2% of the co-founders of technology and engineering founded by immigrants in the US were Indians. Kaufman Foundation found out that Indian immigrant contribution in tech and startup industry was the only one that increased, all other immigrant contributions saw a decline. Another finding showed that 33 of the top 50 AI companies have at least one first generation immigrant founder. And 53 of the 125 founders are first generation immigrants. India and Israel were the largest senders of immigrant AI founders followed by the UK, China and Portugal.

India has a vibrant and an ever growing startup ecosystem. A recent report by venture capital fund Orios Venture Partners said Indian startups raised $42 Billion in 2021 up from $11.5 Billion in the previous year. The newly minted unicorns include ShareChat, Cred, Meesho, Moglix, MPL, Grofers(now blinkit), upGrad, Mamaearth, Acko, Spinny and others. India with 90 unicorns is the third largest unicorn hub behind the US(487) and China(301) and ahead of the UK(39). According to the report Flipkart was the most valuable unicorn($37.6 Billion).

India has seen four decacorns(companies with a valuation of USD 10 billion and above) so far- Flipkart, Paytm, BYJU’s and Oyo Rooms. While Bengaluru was the ‘Unicorn Hub’ with 18 unicorns emerging from the city in 2021 and 35 in all. It also happens to be the seventh largest unicorn city in the world.

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KARNATAKA’S ROLE IN BUILDING A $5 TRILLION ECONOMY WILL BE SIGNIFICANTLY LARGER, CHIEF MINISTER BOMMAI

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Karnataka is expected to play a significant part in the economy of the country in the future. The state is home to 13,000 of the country’s 54,000 startups. The Karnataka government has taken a number of steps to stimulate the formation of new businesses. The government is providing guidance and scientific support, according to Chief Minister Basavaraj Bommai.

In an online message on the occasion of ‘National Startup Day’ on Sunday, the Chief Minister stated that the notion of a New Karnataka for a New India would be realized. In accordance with the Prime Minister’s wishes, the state has commemorated Startup Day in a meaningful way. The state government will give a major boost to startups, innovation, scientific thinking, and entrepreneurship in the coming days, he added. “Thanks to the Prime Minister’s long-term goal, the number of startups, which was once about 500, has already surpassed 54,000.” He has given a tremendous boost to innovation and entrepreneurs by establishing a forum to assist them and free them from government limitations. “On behalf of the state’s youth, the Prime Minister has been the inspiration for the biggest development of startups in the state,” Bommai added, thanking the Prime Minister.

Bengaluru is home to around 180 science and research institutions in a variety of sectors.

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‘WEALTH OF 10 RICHEST INDIANS ENOUGH TO FUND HIGHER EDUCATION OF CHILDREN’

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DA hike

According to a new study, it has been found that the wealth of the 10 richest Indians is enough to fund school and higher education of children for over two decades (approx. 25 years). When most of the country was gripped by the Covid-19 pandemic, the combined fortunes of the Indian billionaires more than doubled during this period. The superrich count in the country has now shot up to 142, rising by 39 per cent.

The annual wealth inequality survey reported presented by Oxfam India at the Davos Agenda Summit of the World Economic Forum (WEF) said that an additional one per cent tax on the richest 10 per cent can provide nearly 17.7 lakh extra oxygen cylinders to the country. None of us can forget how there was a huge rush for oxygen cylinders and insurance claims during the second wave that struck last year.

On the other hand, a similar wealth tax on the 98 most-affluent families can finance Ayushman Bharat – world’s largest health insurance scheme, for more than seven years.

The report further finds that 142 Indian billionaires together own a wealth of $719 billion (over Rs 53 lakh crore). The richest 98 amongst them have the same wealth ($657 billion or nearly Rs 49 lakh crore) as the poorest 55.5 crore populace who are placed in the bottom 40 per cent.

It was found that if all of the top 10 richest Indians go on to spend $1 million every day, then it will take them 84 years to do away with their current wealth.

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Exports target of US$650 bn within the current financial year achievable: Piyush Goyal

‘$400 Bn target of Merchandise exports is within sight and the Services sector should strive for $250 Bn exports.’

Tarun Nangia

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Piyush Goyal

The Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Piyush Goyaltoday said the exports target of USD 650 Billion within the current financial year is achievable. Chairing a Review Meeting of all major Export Promotion Councils (EPCs), Goyal said the $400 Bn target of Merchandise exports is within sight and the Services sector should strive for $250 Bnexports.

Expressing his satisfaction that India achieved $300 BnMerchandise exports in the first nine months of the current FY (April-Dec, 2022), Goyal assured the EPCs that his Ministry will do whatever it takes in handholding the EPCs and resolving their issues to attain even higher export targets in the next FY.

Shri Goyal said we can set a much higher goods exports target in the current last quarter of this FY. “In December alone we touched $37 Bn goods exports despite the Omicron fear factor weighing high. This month, in 15 days till January 15th, we have reached $16 Bn.”

oyal said the Prime Minister Shri Narendra Modi has himself set the pace by setting “transformational results” and not “incremental growth”.

The Commerce & Industry Minister urged the EPCs and entrepreneurs to avail of the Government’s initiatives towards Ease of Doing Business such as obtaining clearances through the National Single Window System. He assured the Industry representatives to pursue their demands during the various FTA negotiations.

Speaking of the government’s efforts to improve the ease of living and the ease of doing business, Goyal said that more than 25,000 compliances have been reduced.

“In December alone we touched $37 Bn goods exports despite the Omicron fear factor weighing high” – Piyush Goyal

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