SUPREME COURT SUGGESTS GOVT CAN FRAME POLICY TO STOP FOREIGN ACCUSED FROM ESCAPING AFTER NIGERIAN NATIONAL ABSCONDS:

The Supreme Court recently disposed of a bail cancellation matter concerning a Nigerian national accused of cyber fraud, who jumped bail and absconded to his home country. The Court acknowledged the practical limitations in securing his presence due to the absence of an extradition treaty between India and Nigeria but emphasized that the Union government may consider formulating a policy to prevent foreign nationals accused of crimes from fleeing Indian jurisdiction in the future.

The case originated from an FIR registered in 2019, wherein the accused (respondent no. 1) was charged under Sections 419, 420, 467, 468, 471, and 120B of the Indian Penal Code, along with Section 66(D) of the Information Technology Act, 2000. The allegations pertained to his involvement in cyber fraud. In May 2022, the Jharkhand High Court granted him bail. However, after securing release, the accused violated bail conditions and absconded.

The State of Jharkhand challenged the grant of bail before the Supreme Court. During the hearings, it was brought to the Court’s attention that the accused had fled India and could not be traced. By November 2024, the Court had expressed deep concern over recurring instances where foreign nationals facing criminal charges were jumping bail and becoming untraceable. It noted the absence of a proper mechanism to address such situations and observed that a clear procedure ought to be in place, if one did not already exist, to deal with such eventualities.

In response, the Union government informed the Court about existing guidelines framed pursuant to a Ministry of Home Affairs order dated December 4, 2019. These guidelines dealt with matters such as investigations abroad, issuance of Letters Rogatory, Mutual Legal Assistance requests, and service of summons, notices, or judicial documents in criminal proceedings. While considering these submissions, the Court held that the immediate priority was for the Union to extend full cooperation to the State of Jharkhand so that efforts could be made to bring back the absconding accused to face trial.

Subsequently, in December 2024, the Supreme Court cancelled the bail earlier granted to the accused and directed both the Union and the State to take necessary steps to ensure his presence. Recognizing the wider issue, the Court also re-listed the matter to examine the need for guidelines to prevent repetition of such incidents involving foreign nationals.

On August 26, 2025, the Court was informed that the Ministry of External Affairs had sent a communication to the High Commission of India in Abuja, Nigeria. This communication, based on the principle of “assurance of reciprocity,” was transmitted to Nigerian authorities. However, it was noted that in the absence of a bilateral treaty between India and Nigeria, the chances of extraditing the accused were slim, since Nigerian authorities were unlikely to surrender their own national.

In view of these limitations, the Supreme Court decided to close the proceedings. However, it left it open to the Union government to consider formulating a policy or initiating any other appropriate measures to ensure that foreign nationals do not evade the process of law in India after committing crimes.