Sheikh Hasina’s extradition row: What India-Bangladesh treaty says and can India refuse Dhaka's request

Bangladesh has formally asked India to hand over its ousted Prime Minister Sheikh Hasina, who has been sentenced to death by the International Crimes Tribunal (ICT). As the request lands in New Delhi, questions are growing over whether India can legally refuse it under its own laws and the extradition treaty between the two neighbours. On Monday, India said the issue must be handled strictly through legal and formal channels.

“This is a judicial and legal process. It requires engagement and consultations between the two governments. We are examining this issue and we 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 allegedly ordering action against the 2024 protest movement.

Also Read

India"s GDP growth may cross 7.5% in Q2: SBI report

Rohini Acharya slams journalist for making sexist remarks over donating kidney to her father

Anmol Bishnoi"s extradition from US: Who is he and his links to Baba Siddiqui murder case

The judgment has led to a heavy security response in Dhaka, with the army, police and paramilitary forces stationed across the capital and other major cities.

Specialists in extradition law point out that treaties are usually honoured to support justice, but they also stress that India has significant room to deny a request if it appears politically coloured or unfair. Both the Extradition Act and the India-Bangladesh treaty give New Delhi wide discretion in such situations.

India’s Extradition Act, 1962 gives the central government direct authority to halt an extradition case, postpone it, or discharge the person sought. Section 29 lists the circumstances in which India can refuse to hand someone over. Extradition may be denied if:

The Act also allows the Centre to pause proceedings “at any time”, cancel warrants, or release the individual whose extradition is being sought.

Section 31: When extradition cannot be allowed

A person cannot be extradited if:

Section 31(c) further says that extradition is barred unless the treaty guarantees that the person will be tried only for the offence listed in the request, a lesser offence arising from the same facts, or another offence for which India gives clear consent.

Article 6: Political offences

The treaty allows India to refuse extradition if the offence is political. However, it also states that serious crimes such as murder, terrorism, bombings, firearms offences, kidnapping, major assault, and offences covered by global anti-crime agreements cannot be treated as political. This clause will play a major role in assessing Bangladesh’s demand.

Article 7: India’s option to prosecute

India may turn down the request if it decides to prosecute the person inside India for the same offence. If India chooses not to do so, the extradition request must again be taken up for consideration.

Article 8: Proof that extradition is unfair

Extradition must be denied if:

Article 21: No Role for the UN or ICJ

Article 21 clarifies that:

This means any decision on extradition will remain a matter strictly between India and Bangladesh.

With Sheikh Hasina now convicted and Bangladesh going forward with formal extradition steps, India is evaluating the request under the Extradition Act, the bilateral treaty, and all possible concerns about future global political motives, and fairness of the trial. The Foreign Secretary’s remarks suggest that discussions will continue before India reaches a conclusion on whether the request meets legal standards or falls under the grounds for refusal built into Indian law and the treaty.