Dual Criminality

3. Dual Criminality: Mehul Choksi, a key accused in the ₹13,500 crore Punjab National Bank (PNB) loan fraud case, was arrested in Belgium recently, on the basis of “dual criminality”.

• About: Dual criminality essentially means that an individual can be extradited only if her offence is punishable in both jurisdictions involved.

o The treaty prohibits extradition for offences of political nature or in cases where the individual in question can prove she is being prosecuted in the requesting country for political reasons.

o It also states that the fugitive arrested shall be released if the requesting country fails to present evidence of culpability within two months.

• Extradition Treaty: India first signed an extradition treaty with Belgium in 1901.

o The treaty allows extradition on the basis of “dual criminality”, including for financial crimes.

o In 2020, India and Belgium signed the Mutual Legal Assistance Treaty for better cooperation on fugitives.