IRGS2

India-Bangladesh Extradition Treaty tested by political offence exception clause

The Hindu·2026-08-19· Read original

"India-Bangladesh Extradition Treaty tested by political offence exception clause"

Prelims Facts

  • •India-Bangladesh Extradition Treaty signed: January 28, 2013; entered into force: October 23, 2013.
  • •Article 6 of the treaty = Political Offence Exception; Article 8 = Good Faith / Interest of Justice refusal ground.
+4 more facts — sign up free to unlock

Key Terms

Political Offence Exception

treaty clause allowing refusal of extradition if the offence is of a political character.

Dual Criminality

extradition principle requiring the act to be an offence in both the requesting and requested state.

+4 more terms — sign up free to unlock

Study Note

BackgroundCore Concept

Background

India and Bangladesh share one of South Asia's most consequential bilateral relationships, rooted in the 1971 Liberation War in which India provided decisive military, diplomatic, and humanitarian support for Bangladesh's creation. The two countries share a 4,096-km land boundary — one of the world's longest — along with extensive river-water linkages, transit corridors, and deep cultural ties. Bangladesh has been a cornerstone of India's 'Neighbourhood First' policy, which prioritises stable, cooperative relations with immediate neighbours to secure India's strategic periphery and ensure that its northeastern states are not encircled by hostile or unstable territory.

The bilateral institutional architecture is substantial. The India-Bangladesh Extradition Treaty, signed in Dhaka on January 28, 2013, and brought into force on October 23, 2013, provides the legal framework for the surrender of accused persons between the two states on a reciprocal basis. Alongside it, the Ganges Water Treaty (1996) governs sharing of the Ganga/Padma river, the Land Boundary Agreement (2015) resolved a decades-old border enclave dispute, and multiple connectivity projects — rail, road, and inland waterway links — have deepened economic interdependence. Both countries are also members of the BIMSTEC Convention on Mutual Legal Assistance in Criminal Matters (BIMSTEC MLAT), which provides a multilateral channel for criminal cooperation alongside the bilateral treaty.

The Topic Explained

The India-Bangladesh Extradition Treaty (2013) operates on the principle of dual criminality — the act for which extradition is sought must constitute an offence in both countries — and reciprocity, meaning each side can request surrender of wanted persons from the other. However, the treaty contains several important exceptions that give the requested state significant discretion.

Article 6, titled the Political Offence Exception, is the most consequential provision in the current dispute. It states that extradition may be refused if the offence is of a political character. Critically, however, the same article carves out serious crimes — murder, kidnapping, and manslaughter — from the political offence exception, meaning these cannot automatically be shielded by invoking political motivation. The ambiguity lies in the treaty's failure to define 'political offence' precisely, leaving substantial interpretive space for the requested state — in this case, India. …

Sign up free to read the full noteIncludes the rest of The Topic Explained and Current Context

Related PYQs

2024GS1 Prelims

Which of the following statements about 'Exercise Mitra Shakti-2023' are correct?

1.This was a joint military exercise between India and Bangladesh.

2.It commenced in Aundh (Pune).

3.Joint response during counter-terrorism operations was a goal of this operation.

4.Indian Air Force was a part of this exercise.

Select the answer using the code given below:

A1, 2 and 3
B1, 2 and 4
C1, 3 and 4
D2, 3 and 4
Sign up free to see the answer and explanation
2026GS1 Prelims

Consider the following statements about platforms for multilateral co-operation:

1.The 'Colombo Process' is a regional consultative process in which member states take binding decisions by consensus.

2.The 'Abu Dhabi Dialogue' is a voluntary non-binding consultative process among Asian countries of labour origin and destination to facilitate regional cooperation on contractual labour mobility.

3.The 'Global Forum for Migration and Development', created upon the proposal of a former UN Secretary General, is a voluntary forum whose decisions are non-binding in nature.

Which of the statements given above is/are correct?

A1, 2 and 3
B1 and 3 only
C2 and 3 only
D2 only
Sign up free to see the answer and explanation

Practice MCQs

IRmedium

With reference to the India-Bangladesh Extradition Treaty (2013), consider the following statements:

1.The treaty came into force on the same date it was signed.

2.Article 6 of the treaty provides for the Political Offence Exception but explicitly excludes murder, kidnapping, and manslaughter from its scope.

3.Article 8 allows either country to refuse extradition if accusations are not made in good faith or in the interest of justice.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
Sign up to check your answer & see the explanation
IReasy

Which of the following is the correct length of the land boundary shared between India and Bangladesh?

A3,488 km
B4,096 km
C4,500 km
D2,900 km
Sign up to check your answer & see the explanation
IRhard

Assertion (A): Under the India-Bangladesh Extradition Treaty (2013), India retains legal discretion to refuse an extradition request even for offences such as murder.

Reason (R): Article 8 of the treaty allows refusal if the requesting country's accusations are not made in good faith or in the interest of justice, irrespective of the nature of the offence.

ABoth A and R are true and R is the correct explanation of A
BBoth A and R are true but R is not the correct explanation of A
CA is true but R is false
DA is false but R is true
Sign up to check your answer & see the explanation
IRmedium

The BIMSTEC Convention on Mutual Legal Assistance in Criminal Matters (BIMSTEC MLAT) is relevant to the India-Bangladesh extradition dispute because it:

AReplaces the bilateral India-Bangladesh Extradition Treaty (2013) as the primary instrument for extradition
BProvides a multilateral channel for criminal cooperation among BIMSTEC member states, supplementing bilateral extradition treaties
CRequires all BIMSTEC members to extradite accused persons without invoking political offence exceptions
DGrants the International Crimes Tribunal of Bangladesh jurisdiction over crimes committed in BIMSTEC member states
Sign up to check your answer & see the explanation
IRmedium

Which of the following best describes the 'dual criminality' principle in extradition law?

AThe accused must be a citizen of both the requesting and the requested state
BThe offence must be punishable by death in both the requesting and the requested state
CThe act for which extradition is sought must constitute a criminal offence under the laws of both the requesting and the requested state
DThe extradition request must be approved by the judiciary of both the requesting and the requested state
Sign up to check your answer & see the explanation

Want the full note, Prelims Facts & MCQ answers?

Create a free account — takes less than a minute.

Create free account