Speciality principle in extradition bars trial in India for offences outside the surrender decree.

Section 21 of the Extradition Act, 1962 embodies the speciality principle and bars trial in India for any offence committed before surrender other than the extradition offence on which surrender was based, unless consent is obtained or the treaty permits otherwise. The treaty provision described applies the same restriction by limiting prosecution to the offences for which extradition was granted. A fugitive brought into India under an extradition decree therefore can be tried only for the offences specified in that decree, and criminal courts lack jurisdiction over offences outside it.

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Issues: Whether a fugitive brought into India under an extradition decree can be tried by criminal courts for offences not forming part of the extradition decree.

Analysis: Section 21 of the Extradition Act, 1962 embodies the speciality principle and bars trial in India for any offence committed prior to surrender other than the extradition offence proved by the facts on which surrender was based, until the person is restored or has had an opportunity to return. The treaty provision relied upon similarly restricts trial to the offences for which surrender took place. The doctrine of speciality is treated as an established rule of extradition law, requiring strict conformity between the offence for which surrender was obtained and the offence for which trial is sought, unless the requesting State obtains consent or the treaty allows otherwise.

Conclusion: A fugitive brought into India under an extradition decree can be tried only for the offences mentioned in that decree and for no other offence, and the criminal courts have no jurisdiction to try him for offences outside the decree.

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