Extradition Laws in Bangladesh: Legal Framework, Key Provisions, and Practical Application
Partha Sharathi Ray
Advocate Appellate Division Supreme Court of Bangladesh
Email:lawpartha@gmail.com
Introduction
Extradition is the formal legal process through which one State surrenders an individual to another State for
prosecution, trial, or punishment for a criminal offence. In Bangladesh, extradition is primarily governed by the
Extradition Act 1974 (Act No. LVIII of 1974) which establishes the procedures and conditions under which
fugitive offenders may be surrendered to foreign countries or returned to Bangladesh.
The Act aims to balance international cooperation in criminal matters with the protection of individual
rights and national sovereignty.
Legal Basis of Extradition in Bangladesh
The principal legislation governing extradition is the Extradition Act, 1974, which came into force on 30
July 1974. The Act applies to:
1. States with which Bangladesh has an extradition treaty.
2. Foreign States without an extradition treaty where the Government has specifically extended the
Act’s application through a Gazette notification.
Key Definitions under the Extradition Act, 1974
1. Extradition Offence
Section 2 defines an extradition offence as an offence listed in the Schedule to the Act that would also
constitute a crime under Bangladeshi law. The principle of dual criminality applies, meaning the conduct
must be criminal in both countries.
2. Fugitive Offender
A fugitive offender is a person who is accused or convicted of an extradition offence and is present or
suspected to be present in Bangladesh.
3. Treaty State
A treaty State is a foreign country with which Bangladesh has an operative extradition treaty. The
Government publishes a list of such States through official Gazette notifications.
Application to Non-Treaty States
Section 4 empowers the Government of Bangladesh to extend extradition arrangements to a non-treaty
State through a Gazette notification when it is considered expedient in the interests of justice or
international relations. Once such a notification is issued, the State is treated similarly to a treaty State for
specified offences.
Grounds for Extradition
Under Section 5, a fugitive offender may be arrested and surrendered regardless of whether the offence
was committed before or after the commencement of the Act. However, extradition is subject to several
legal safeguards.
Conditions for Extradition
The offence generally must be punishable by:
Death penalty or
Life imprisonment or
Imprisonment for a term of at least twelve months.
Mandatory Refusal of Extradition
The Act provides several important protections against improper extradition.
1. Political Offences
Extradition cannot be granted if the offence is of a political character or if the request is made primarily to
punish a person for political reasons.
2. Discrimination and Human Rights Concerns
A person cannot be extradited if there is reason to believe that he or she may face prejudice, punishment,
detention, or restrictions based on:
Race
Religion
Nationality
Political opinion
3. Double Jeopardy
Extradition is prohibited if the person has already been tried and acquitted or convicted in Bangladesh for
the same offence.
4. Time Barred Prosecutions
Where prosecution is barred by limitation under the law of the requesting State, extradition may not be
granted.
5. Ongoing Criminal Proceedings in Bangladesh
If the fugitive offender is currently facing criminal charges or serving a sentence in Bangladesh,
extradition may be postponed until the local proceedings conclude.
Extradition Procedure
Step 1: Request from Foreign State
A foreign government submits a formal extradition request through diplomatic channels.
Step 2: Government Review
The Government examines whether the request satisfies treaty obligations and statutory requirements.
Step 3: Arrest Warrant
If sufficient grounds exist, a warrant may be issued for the arrest of the fugitive offender.
Step 4: Judicial Inquiry
A Magistrate conducts an inquiry to determine whether the evidence supports extradition under the Act.
Step 5: Government Decision
After judicial proceedings, the Government makes the final decision regarding surrender.
Bail and Detention
Section 19 provides that the ordinary rules relating to bail under the Code of Criminal Procedure apply to
persons arrested under the Extradition Act. Courts may therefore grant or refuse bail based on the facts of
each case.
Jurisdiction over Maritime and Aviation Offences
Section 18 extends the operation of the Act to offences committed on ships on the high seas or aircraft
outside Bangladesh where the vessel or aircraft later enters Bangladeshi territory.
Bangladesh’s Extradition Treaties
Bangladesh has entered into extradition arrangements with several countries through bilateral treaties.
These treaties supplement the provisions of the Extradition Act, 1974 and often contain specific
procedural requirements, evidentiary standards, and exceptions.
Landmark Judicial Interpretation
In Saiful Islam Dilder v. Government of Bangladesh, the court recognized the Government’s authority
to extradite a foreign national under the Extradition Act and related laws, even in circumstances involving
non-treaty arrangements.
In Abdul Abedin Abdul v. State, the court affirmed that extradition proceedings are subject to the
ordinary principles governing bail under criminal procedure law.
Conclusion
The Extradition Act, 1974 serves as the cornerstone of Bangladesh’s extradition regime. It facilitates
international cooperation in combating crime while incorporating important safeguards against political
persecution, discrimination, double jeopardy, and unfair prosecution. The Act reflects internationally
recognized extradition principles such as dual criminality, specialty, and protection of fundamental rights.
As cross-border criminal activity continues to increase, the extradition framework remains an essential
tool for ensuring that offenders cannot evade justice by crossing national boundaries.