Report No. 258

H. Clause 7

Analysis and comment:

5.8.1 This provision attempts to unilaterally amend all extradition treaties that India has entered into with other countries, to deem offences under this law as extraditable offences. This is in violation of Article 39 of the Vienna Convention of the Law on Treaties which provides that a treaty may be amended only by agreement between the parties to the treaty (and not by domestic legislation).

5.8.2 Further, Paragraphs (4), (5) and (7) of Article 44 of the UNCAC ("Extradition") already deem all offences under the UNCAC to be offences that are extraditable. The Indian law makes the offences under the UNCAC punishable under domestic law, and in context of the same, this provision is redundant, and not required.

5.8.3 Suggested draft:

This provision should be deleted.