Question

Given facts: Country A requests the surrender of X for murder; Country B’s offence list doesn’t include an identical offence. Is extradition possible? (Discuss dual criminality and prima facie test.)

Hint:

Dual criminality is about the \textbf{conduct}, not the \textbf{name} of the offence. Prima facie test ensures the request is not frivolous or politically motivated.

Answer 1

Yes, extradition may still be possible even if Country B’s domestic statute does not list an \textit{identical} offence, as long as the conduct constitutes a crime in both countries.
This flows from the doctrine of dual criminality, which is central to extradition law under the Extradition Act, 1962, and international practice.
1. Dual Criminality – the core requirement
Dual criminality means:
The conduct for which extradition is requested must be an offence in both the requesting and requested States, though the name, definition, or classification of the offence need not be identical.
Thus:
- If the conduct = intentional killing of a human being,
- And murder / culpable homicide / homicide is a crime in both jurisdictions,
then dual criminality is satisfied.
The requesting country’s specific terminology (“murder”) does not matter. What matters is the substance of the conduct.
2. Prima Facie Evidence Test
Before extradition, the Magistrate in Country B must determine whether:
There exists prima facie evidence that X committed conduct that would amount to a criminal offence if committed in Country B.
Thus:
- If Country A produces evidence like motive, weapon recovery, witness statements, CCTV, etc.
- And such evidence, if committed in Country B, would constitute a homicide offence → extradition can proceed.
3. Conclusion
The absence of an identical statutory label (“murder” vs “homicide”) does not bar extradition. \[ \boxed{\text{Extradition is possible if dual criminality (conduct-based) and prima facie proof are satisfied.}} \]