Explained: Will Sheikh Hasina return to Dhaka? What does India-Bangladesh extradition treaty say

Former Bangladesh prime minister Sheikh Hasina was sentenced to death on Monday, November 17, by the country's International Crimes Tribunal (ICT) for her involvement in "crimes against humanity" during

the student-led protests in July-August 2024.

The protests, which were initially over dissatisfaction regarding civil service quotes, soon evolved into a broader anti-Hasina movement which turned violent and toppled her government on August 5, 2024. The movement lasted for over 36 days.

Hasina fled to India and has remained in self-imposed exile since August 5, 2024.

With the Bangladesh ICT sentencing Hasina, former home minister Asaduzzaman Khan Kamal, and former inspector general of police Chowdhury Abdullah Al-Mamun for atrocities against students during the protests, speculation over Hasina's extradition has increased.

Notably, there is no official confirmation on whether Bangladesh has formally initiated the extradition process and filed a request to India.

Let's dive deep into what the India Bangladesh Extradition Treaty states, if such request is made.

India-Bangladesh Extradition Treaty 2013

India and Bangladesh signed an extradition treaty on January 28, 2013, under Hasina's regime itself. It was signed by then Indian home minister Sushil Kumar Shinde and his Bangladeshi counterpart Muhiuddin Khan Alamgir, and came into force from October 23, 2013.

Read more: Sheikh Hasina sentenced to death by Bangladesh tribunal for 'crimes against humanity'

The treaty highlights the partnership and cooperation between India and Bangladesh in combatting terrorism and "suppression of crime" by making provisions for the "reciprocal extradition of offenders."

The 21-Article treaty outlines several provisions related to extradition, such as obligations, offences, responsible central authorities, political exceptions, prosecution, grounds for refusal, procedures, and arrest, among others.

Central Authority and Agreement 

In Hasina's case, there is no official update from India's Ministry of External Affairs (MEA), the central authority designated in the treaty, about any extradition request from Bangladesh's central authority, its Ministry of Home Affairs.

As per Article 5 of the treaty, both the countries have agreed to extradite nationals "either in respect of a territorial offence" or in "respect of an extraterritorial offence."

Political Offence and Exceptions 

Article 6 of the treaty gives exceptions in terms of "political offence." Article 6 (1) states, "Extradition may be refused if the offence of which it is requested is an offence of a political character."

However, Article 6 (2) outlines several offences that "shall not be regarded as offences of a political character" such as:

• Any acts or omissions which are punishable as a criminal offence according to the obligations under multilateral treaties to which both contracting states are party.


• Murder.


• Manslaughter or culpable homicide.


• Assault occasioning actual bodily harm, or causing injury, maliciously wounding or inflicting grievous bodily harm whether by means of a weapon, a dangerous substance or otherwise.


• The causing of an explosion likely to endanger life or cause serious damage to property.


• The making or possession of an explosive substance by a person who intends either himself or through another person to endanger life or cause serious damage to property.


• The possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life.


• The use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person.


• Damaging property whether used for public utilities or otherwise with intent to endangering life or with reckless disregard as to whether the life of another would thereby be endangered.


• Kidnapping, abduction, false imprisonment or unlawful detention, including the taking of a hostage.


• Incitement to murder.


• Any other offence related to terrorism which at the time of the request is, under the law of the requested party, not to be regarded as an offence of a political character.


• An attempt or conspiracy to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 7 (1) of the treaty also states that the request for extradition may be refused by the requested state if the person whose extradition is sought can be tried for the extradition offence in the courts of that state. In that case, the requested state has to submit the case to its competent authorities so that prosecution may be considered.

Read more: Bangladesh coup attempt: Sheikh Hasina betrayed by Army Chief with CIA help, alleges former home minister

Grounds for Refusal of Extradition

Article 8 of the treaty outlines clear instances and grounds when the extradition can be refused.

As per Article 8 (1) (a), a person may not be extradited if he satisfies the requested state that it would be unjust or oppressive to extradite him because of:

1. The trivial nature of the offence of which he is accused or is convicted.


2. The passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be.


3. The accusation against him not having been made in good faith in the interest of justice.

Article 8 (1) (b) also prevents extradition if the offence of which the person is accused or convicted is a "military offence," which is not also an offence under the general criminal law.

Treaty leaves room for interpretation

Hence, the 2013 treaty gives plenty of exceptions against the extradition of individuals of both countries.

In the case of Hasina, murder and use of lethal weapons under Article 6 — counts she was found guilty of by the ICT — can expedite her extradition. On the other hand, Article 8 could give her a chance to counter and prove her case against her extradition.

Therefore, the treaty leaves ample of room for manoeuvre. Watch this space to catch the latest on the evolving situation.