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by chosenbreed37 2226 days ago
> I imagine Indian authorities would have to cooperate with the German embassy once a flight that is to their satisfaction is available to put him on the flight.

Can they really compel him to board a flight to Germany against his will? I mean technically he's still in-transit and not actually under Indian jurisdiction...

3 comments

(If anyone is familiar with Indian law I would appreciate their input.)

Speaking in general terms, based on various other countries limiting or restricting their international transit areas, I believe that in-transit areas (or pre-immigration areas in US airports) are usually not actually outside jurisdiction but are permitted by the host country to be accessible to passengers without immigration/customs processing. Therefore, they're not like international waters or airspace.

This is a common misconception, but a transit area is under the host country's jurisdiction.

https://travel.stackexchange.com/questions/18561/what-is-the...

Depends. Most countries have extradition treaties. If someone is wanted in a different country they will arrest them and send them over even though they are not accused of a local crime.

I don't know if Germany/India has one. I would expect it though, most countries figure if you are a criminal you are more likely to commit another crime so better let someone else deal with you before then. Thus such treaties are pretty universal.

There are confounding situations here though. Most countries won't make an international incident over what they consider a minor crime: if Germany hasn't asked India, India is stuck unable to arrest someone they might not want to. Also both countries have to agree on the crimes, if India doesn't consider what he is accused of immoral (seems unlikely), or they dislike the legal punishment they don't have to do anything. Many countries won't extradite murders to the US until the US agrees not to seek the death penalty.