Extradition and Asylum Questions and Answers

Q: The crime for which extradition is claimed should be a crime in the country extraditing and also in the country claiming extradition. This principle is known as....................

The principle is the rule of double criminality.Extradition is granted only for conduct that is an offence under the laws of both the requesting and the requested state; this is also called dual criminality. India's Extradition Act, 1962 builds it into the definition of an extradition offence.The rule of speciality is different: an extradited person may be tried only for the offence for which extradition was granted. Double jeopardy forbids trying a person twice for the same offence. 'Rule of criminality' is not the name of the principle.

Q: In which landmark case the International Court of Justice dealt with extra-territorial or diplomatic asylum ?

The ICJ dealt with diplomatic asylum in the Haya de la Torre case.Victor Raul Haya de la Torre, a Peruvian political leader, was granted asylum in the Colombian embassy in Lima in 1949. In the Asylum case (Colombia v. Peru, 1950) and the follow-up Haya de la Torre case (1951), the International Court of Justice examined the legality of diplomatic asylum, holding that there was no general right to it and no regional custom binding Peru, but that Colombia was not obliged to surrender him.The Caroline case concerns self-defence, Luther v. Sagor the effect of recognition on a foreign government's acts, and the Abu Salem case extradition.

Q: An accused is extradited for a particular crime and the country which gets back the criminal is entitled to prosecute that person only for the crime for which he was extradited. This is known as ............ .

This is the rule of speciality.Under the rule of speciality, a person extradited may be tried by the requesting state only for the offence for which extradition was granted, not for other offences committed before surrender, unless the surrendering state consents. Section 21 of India's Extradition Act, 1962 embodies it.Double criminality is a different rule: the act must be a crime in both the requesting and the requested state. Rendition is a general term for transferring a person, and 'rule of prosecutor' is not a recognised rule of extradition.

Q: The asylum granted by a state outside its territory in its embassy or public vessels is known as :

It is extra territorial asylum.Extra-territorial asylum is granted by a state outside its own territory, in places under its protection such as its embassies or legations, consulates, warships and public vessels. Diplomatic asylum is its main form, recognised regionally in Latin America (Asylum case, Colombia v. Peru, 1950) but not as a general right.Territorial asylum is granted within the state's own territory and flows from its sovereignty. 'International asylum' and 'local asylum' are not the standard names for this form.

Q: Extradition is the .................. of an accused or convicted individual.

Extradition is the delivery of an accused or convicted individual.Oppenheim defines extradition as the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed, or has been convicted of, a crime, by the state on whose territory he happens to be. It usually rests on a treaty.Arrest and custody are steps that may come before extradition, and bail is release pending trial; none of them is the act of handing the person over.

Q: Who among of the following can be extradited ?

Of the options, the one who can be extradited is an accused person.Extradition is the surrender by one state to another of a person accused or convicted of an extraditable offence committed in the requesting state, so that he can be tried or punished there.Extradition treaties and laws commonly refuse surrender for political offences, for purely military offences, and where the request is really aimed at punishing a person for religion, race or political opinion. So political, military and religious offenders are the classic exceptions, while an ordinary accused person is the typical subject of extradition.

The crime for which extradition is claimed should be a crime in the country extraditing and also in the country claiming extradition. This principle is known as....................

A.Rule of criminality
B.Rule of speciality
C.Rule of double criminality
D.Rule of double jeopardy.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

The principle is the rule of double criminality.

Extradition is granted only for conduct that is an offence under the laws of both the requesting and the requested state; this is also called dual criminality. India's Extradition Act, 1962 builds it into the definition of an extradition offence.

The rule of speciality is different: an extradited person may be tried only for the offence for which extradition was granted. Double jeopardy forbids trying a person twice for the same offence. 'Rule of criminality' is not the name of the principle.

Discuss in Forum

In which landmark case the International Court of Justice dealt with extra-territorial or diplomatic asylum ?

A.Caroline Case
B.Luther V. Sagor
C.Haya de la Torre Case
D.Abu Salem Case

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: C

The ICJ dealt with diplomatic asylum in the Haya de la Torre case.

Victor Raul Haya de la Torre, a Peruvian political leader, was granted asylum in the Colombian embassy in Lima in 1949. In the Asylum case (Colombia v. Peru, 1950) and the follow-up Haya de la Torre case (1951), the International Court of Justice examined the legality of diplomatic asylum, holding that there was no general right to it and no regional custom binding Peru, but that Colombia was not obliged to surrender him.

The Caroline case concerns self-defence, Luther v. Sagor the effect of recognition on a foreign government's acts, and the Abu Salem case extradition.

Discuss in Forum

An accused is extradited for a particular crime and the country which gets back the criminal is entitled to prosecute that person only for the crime for which he was extradited. This is known as ............ .

A.Rule of speciality
B.Rule of double criminality
C.Rule of rendition
D.Rule of prosecutor

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: A

This is the rule of speciality.

Under the rule of speciality, a person extradited may be tried by the requesting state only for the offence for which extradition was granted, not for other offences committed before surrender, unless the surrendering state consents. Section 21 of India's Extradition Act, 1962 embodies it.

Double criminality is a different rule: the act must be a crime in both the requesting and the requested state. Rendition is a general term for transferring a person, and 'rule of prosecutor' is not a recognised rule of extradition.

Discuss in Forum

The asylum granted by a state outside its territory in its embassy or public vessels is known as :

A.Territorial asylum
B.International asylum
C.Local asylum
D.Extra territorial asylum

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: D

It is extra territorial asylum.

Extra-territorial asylum is granted by a state outside its own territory, in places under its protection such as its embassies or legations, consulates, warships and public vessels. Diplomatic asylum is its main form, recognised regionally in Latin America (Asylum case, Colombia v. Peru, 1950) but not as a general right.

Territorial asylum is granted within the state's own territory and flows from its sovereignty. 'International asylum' and 'local asylum' are not the standard names for this form.

Discuss in Forum

Extradition is the .................. of an accused or convicted individual.

A.Arrest
B.Custody
C.Delivery
D.Bail

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: C

Extradition is the delivery of an accused or convicted individual.

Oppenheim defines extradition as the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed, or has been convicted of, a crime, by the state on whose territory he happens to be. It usually rests on a treaty.

Arrest and custody are steps that may come before extradition, and bail is release pending trial; none of them is the act of handing the person over.

Discuss in Forum

Who among of the following can be extradited ?

A.Political criminal
B.Religious criminal
C.Military criminal
D.An Accused Person

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: D

Of the options, the one who can be extradited is an accused person.

Extradition is the surrender by one state to another of a person accused or convicted of an extraditable offence committed in the requesting state, so that he can be tried or punished there.

Extradition treaties and laws commonly refuse surrender for political offences, for purely military offences, and where the request is really aimed at punishing a person for religion, race or political opinion. So political, military and religious offenders are the classic exceptions, while an ordinary accused person is the typical subject of extradition.

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