I have analysed your query and would like you to know that to bring the accused to the court there is a procedure followed by the court:
Section 73 of the Criminal Procedure Code, 1973 provides that Chief Judicial Magistrate of the first class may direct a warrant to any person who is any escaped convict, proclaimed offender or an accused of cognizable offence.
Section 82 provides that a person against whom a warrant has been issued is absconding or is concealing himself so that the warrant cannot be executed, in that case the court can issue written proclamation under 30 days. The proclamation will be read in the town or village where he resides, affixed on a visible part of village or town and can even publish the proclamation in the newspaper.
No offender after committing a crime in a country can flee to another country believing that lack of jurisdiction will save him from trial or punishment. Extradition is a legal procedure by which a fugitive is returned back so that he may be tried or punished for crimes committed.
India and United States of America have signed an extradition treaty wherein, the offenses are extraditable if punishable under laws in both the countries by imprisonment for more than one year or severe penalty. Even though a treaty exists but building a strong case for extradition requires presenting sufficient evidence to convince foreign court of the accused’s guilt and seriousness of the case. Extradition is a complex legal process along with challenges, overcoming these difficulties require strong legal representation.
Reference case law: In the case of M.S.R. Gundappa v. State of Karnataka 1989 an arrest warrant was issued against Dr. M.G. Nagraj, a resident of USA where he was well settled. A proclamation issued by the Karnataka Lokayukta, an anit-corruption unit, declaring Dr. Nagraj an absconder.
The Gundappa family argued that this branding was unfair as he was living in USA even before the warrant was issued and that it cannot be justified without proof that Dr. Nagraj Knew about the warrant and actively avoided arrest.
Supreme court of India made it clear that residing abroad doesn’t make someone an absconder and the key element is intention which means a deliberate act of hiding purposely avoiding legal process. However, the court’s decision did not address how to ensure Dr. Nagraj’s appearance in the court.
Regards,
Parth chawla
