Fugitive Economic Offenders (FEO)
Context:
The issue of bringing back economic offenders has gained traction with recent data from the DoPT Annual Report (2024-25) revealing that 71 fugitives wanted by India were located abroad in the last financial year—the highest number in 12 years.
Who is a Fugitive Economic Offender?
As per the Fugitive Economic Offenders Act, 2018, a person can be declared an FEO if:
An arrest warrant has been issued against them by a Magistrate in India for a "scheduled offence."
The total value involved in the offence is ₹100 crore or more.
The person has left India to avoid criminal prosecution OR being already abroad, refuses to return to face the law.
Key Highlights of the Fugitive Economic Offenders Act, 2018:
The Act applies only if the total value involved is ₹100 crore or more and applies to scheduled offences only.
Schedule offences include:
IPC (cheating, forgery, counterfeiting, etc.)
Prevention of Money Laundering Act
Companies Act, 2013
SEBI Act, 1992, IBC Act 2016
Customs Act, GST Act etc.
Enforcement Directorate (ED) authorities under PMLA act as authorities under FEOA.
Applications to declare a person an FEO are filed in a Special Court designated under the Prevention of Money Laundering Act, 2002 (PMLA).
Unlike the PMLA (which usually attaches only "proceeds of crime"), the FEO Act empowers the Special Court to confiscate:
Proceeds of crime.
Benami properties.
Any other property in India or abroad, even if not related to crime.
Section 14 is a unique provision that allows any court or tribunal to disallow an FEO from filing or defending any civil claim, effectively stripping them of legal recourse in civil matters.
The Court issues a notice requiring the person to appear within 6 weeks.
If they appear, proceedings are terminated; if not, they are declared an FEO.
Current Status & Data (2024-25):
The CBI Global Operations Centre tracks fugitives via INTERPOL channels.
India currently has extradition treaties with 48 countries.
In the last five years, 25 fugitives have been successfully extradited to India, while 125 requests remain pending with foreign governments.