India Weighs Legal Options as Bangladesh Seeks Extradition of Sheikh Hasina

As Bangladesh formally moves to seek the extradition of its ousted Prime Minister Sheikh Hasina—who has been sentenced to death by the International Crimes Tribunal (ICT)—debate is intensifying over whether India is legally obliged to comply under existing treaties and domestic law.

New Delhi, responding on Monday, emphasised that the matter is “purely legal and judicial” and will require structured bilateral engagement. “This is a judicial and legal process. It requires engagement and consultations between the two governments. We are examining this issue and look forward to working with the authorities in Bangladesh,” the Foreign Secretary said.

Hasina and her former Home Minister were convicted by the ICT for their alleged role in the suppression of the 2024 mass protests. The verdict has prompted a sweeping security crackdown in Dhaka, with the army, police and paramilitary forces deployed across the capital and major districts.

Legal experts highlight that although extradition treaties are ordinarily honoured in good faith, Indian law—along with the India–Bangladesh Extradition Treaty—provides New Delhi with considerable discretionary authority, especially if the request appears politically motivated or inconsistent with the principles of justice.

What India’s Extradition Act Allows

Under the Extradition Act, 1962, the Union Government retains broad powers to deny extradition, halt proceedings, or discharge the individual sought.
Section 29 outlines several grounds on which India may reject an extradition request, including:

• when the request appears frivolous, dishonest, or lacking good faith;
  
  
• when the request is politically motivated;
  
  
• when extradition is not in the interest of justice.

The Act further allows the Centre to stay proceedings, cancel warrants, or release the accused at any stage.

Section 31: When Extradition Is Prohibited

Extradition is expressly barred if:

• the charge is political in nature, or the accused establishes that the request was made to try or punish them for a political offence;
  
  
• the prosecution is time-barred under the requesting state’s laws;
• 
  
• the treaty fails to guarantee protection from prosecution for unrelated offences.

Section 31(c) specifically requires that an extradited individual may be tried only for the extradition offence, a lesser offence arising from the same facts, or any other offence for which India grants explicit consent.

What the India–Bangladesh Extradition Treaty Provides

Article 6: Political Offence Exception
Extradition may be denied if the alleged offence is political in nature. However, the treaty clarifies that grave crimes—such as murder, terrorism, explosions, kidnapping, grievous assault, firearms violations, and offences under multilateral criminal conventions—cannot be categorised as political. This provision will form the core of India’s assessment.

Article 7: India’s Right to Prosecute
India may refuse extradition if it chooses to prosecute the accused domestically. Should domestic prosecution not proceed, the request must be reconsidered.

Article 8: Protection Against Unjust Extradition
Extradition must be refused if:

• the alleged offence is trivial;
  
  
• excessive time has passed;
  
  
• the accusation lacks good faith;
  
  
• the offence is purely military in nature;
  
  
• the individual was previously convicted but not sentenced.

Article 21: No Role for UN or ICJ
Article 21 states that either country may terminate the treaty with six months' notice, and that neither the UN nor the International Court of Justice can intervene unless both states consent. Accordingly, the matter remains exclusively bilateral.

Where the Process Stands

With Bangladesh having initiated the formal extradition process following Hasina’s conviction, India is now evaluating the request under the Extradition Act, the bilateral treaty, and the broader context—including concerns of political motivation, due-process violations, and potential injustice.

The Foreign Secretary’s remarks suggest that detailed consultations with Dhaka are underway, and that New Delhi will determine its position only after assessing whether the legal thresholds for extradition are satisfied or whether the request falls within the permissible grounds for refusal.