Section 6 in Extradition Treaty between the Government of the Republic of India and the Government of the Republic of the Philippines
6. Grounds for Refusal of Extradition.
(1)A person may not be extradited:(a)if the offence of which he is accused or convicted is a military offence which is not also an offence under the general criminal law;(b)if the person sought to be extradited was previously tried for the same offence for which extradition is requested and was acquitted or was convicted and had completed the sentence or is undergoing it;(c)if the person whose extradition is requested cannot, according to the laws of either Contracting State, be prosecuted or punished by reason of lapse of time;(d)if a person whose extradition is sought is being investigated or tried in the Requested State for the same offence for which his extradition is requested.(2)If a person convicted of such an offence is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six (6) months of the imprisonment remains to be served.(3)A person may not be extradited if he would, if proceeded against in the territory of the Requested State for the offence for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested State relating to previous acquittal or conviction.Article-7
