Extradition treaty between India and the USA
If you have become the subject of an extradition request between India and the USA, it is important to understand: the extradition treaty between the two countries is not a sentence but a complex legal procedure where you have the right to defense. This treaty covers a wide range of criminal offenses but also provides exceptions and opportunities to appeal the decision.
Our legal team specializes in cases related to extradition between the USA and India. We analyze the legal grounds of the request, identify possible violations, represent the client’s interests in courts and international instances. Our team will protect your interests in any jurisdiction, providing competent and strategically sound legal support.
The Basics of Extradition Law in India
Extradition is a legal procedure in which one state transfers to another a person accused or convicted of committing a crime in order to bring them to criminal liability or enforce a court sentence.
India actively participates in international legal assistance and, to date, has concluded more than 40 bilateral extradition treaties, as well as arrangements based on reciprocity with dozens of other states.
The main regulatory document governing extradition processes in India is The Extradition Act, 1962. It defines the procedures for requests, grounds for extradition, the list of offenses that may be subject to extradition, and grants the court and the central government a wide range of powers.
Additional regulatory acts are:
- The Code of Criminal Procedure of India (CrPC) — in the part concerning arrest and pre-trial procedures;
- The Constitution of India — in terms of adherence to fundamental rights, such as protection from discrimination, the right to a fair trial, protection from extradition in case of the threat of the death penalty.
For the extradition request to be accepted by the Indian authorities, key principles based on international practice must be observed:
- Double Criminality. The crime for which extradition is requested must be recognized as criminally punishable in both jurisdictions;
- Non bis in idem. A person cannot be extradited if they have already been tried or acquitted for the same crime either in India or in a third state. This principle prevents repeated prosecution for the same act;
- Statute of limitations. If under Indian law the statute of limitations for criminal prosecution has expired, extradition is not permitted;
- Political motivation. India does not extradite individuals if the case is clearly of a political nature. This includes cases where the request is used for persecution based on ideological, racial, religious, or political reasons, rather than on the basis of objective evidence of a crime;
- Risk of human rights violations. If the requested person may face torture, cruel treatment, lack of a fair trial, or the death penalty without guarantees, India may reject the request.
According to the principle of specialty, if India extradites a person on specific charges, they cannot be prosecuted in another country for other charges not specified in the request without India’s consent. Both Indian courts and the executive branch are involved in extradition matters. The final decision is made by the central government after analyzing the legal grounds.
Which government bodies are responsible for extradition in India?
The extradition procedure in India is regulated by both domestic legislation and international obligations. Its implementation is entrusted to a number of key state bodies, each of which plays its role at different stages of the process. The main coordinating body is the Ministry of Home Affairs, MHA. It makes the final decision on extradition requests originating from foreign states as well as those sent abroad.
Another important agency in the process is the Ministry of External Affairs, MEA. It interacts with diplomatic missions, transmits extradition requests, ensures international communication, and provides legal support for cases through embassies and consulates.
From a practical point of view, preliminary actions (detention, collection of evidence, and transfer to court) are carried out by state law enforcement agencies in close cooperation with the Central Bureau of Investigation (CBI) and other specialized agencies. For example, the Enforcement Directorate — in cases of financial crimes.
The judicial aspect is coordinated through magistrates’ courts, which examine the grounds and legality of extradition. At the same time, the recommendations and conclusions of the courts are not always binding, as the final decision rests with the executive authority.
Extradition Agreement between India and the USA
The Extradition Agreement between the Republic of India and the United States of America was signed on June 25, 1997, and came into force in 1999. This international treaty became the legal basis for cooperation between the two countries in matters related to the extradition of individuals accused or convicted of committing criminal offenses. It establishes clear conditions, a list of offenses, procedural guarantees, and exceptions that allow for a balance between combating crime and upholding human rights.
According to the agreement, extradition is permitted in relation to:
- Crimes for which the punishment in both countries is at least one year of imprisonment;
- Both accused and convicted persons;
- Crimes committed on the territory of one of the parties or beyond its borders, if they are punishable under the laws of both countries.
Extradition requests are considered regardless of the citizenship of the accused. At the same time, the state is not obligated to extradite its own citizens, but both parties have the right to allow extradition in such a case on a voluntary basis.
The agreement also contains provisions under which extradition may be denied:
- Political motivation: if the crime is of a political nature or the request is made with the aim of persecution for political reasons.
- War crimes that are not crimes under general criminal law.
- Threat to human rights: in the presence of a risk of torture, cruel treatment, or lack of a fair trial.
- Non bis in idem: if a person has already been convicted or acquitted for the same crime in another country.
Extradition between India and the USA is carried out in several stages. The requesting state sends an official request through diplomatic channels. The request must contain a detailed description of the facts and elements of the crime, information about the identity of the accused, copies of the arrest warrant and indictment, and the text of the applicable legislation.
The Ministry of External Affairs of India or the U.S. Department of State verifies compliance with the terms of the agreement. If the documents meet the requirements, they are forwarded for review to the competent court. The magistrate’s court examines the admissibility of extradition, the presence of political or procedural obstacles, and compliance with the rights of the accused. The court’s decision is not final: the decision is made by the executive authority — the Ministry of Home Affairs of India or the U.S. Department of Justice.
The accused person may file an appeal or a petition for asylum, which suspends extradition until the final decision. If all instances approve the extradition, the person is handed over to the requesting party under the supervision of law enforcement authorities.
Categories of crimes providing for extradition
- Terrorism
The fight against terrorism remains one of the main priorities in the Indian extradition system. The country actively seeks the extradition of individuals suspected of participating in terrorist organizations, financing terrorism, preparing or carrying out explosions, attacks on infrastructure facilities, recruitment, and the promotion of extremism. Many of India’s extradition requests are related to cases involving separatist movements, particularly in the states of Jammu and Kashmir. - Organized crime
India may request the extradition of individuals involved in the activities of mafia groups, arms trafficking, extortion, illegal gambling operations, transnational criminal coordination. Such cases are often accompanied by additional charges of money laundering or violence. - Financial manipulations and fraud
Crimes in the economic sphere constitute a significant share of extradition cases. India extradites or requests the extradition of individuals accused of large-scale fraud (including banking and credit schemes), creating financial pyramids, embezzlement of funds, forgery of documents, and falsification. - Corruption
India’s anti-corruption policy provides for the extradition of individuals accused of receiving or giving bribes, abuse of official position, illicit enrichment of public officials, and embezzlement in the public sector. Requests are also made against those accused of concealing assets abroad, especially if they are related to official crimes. - Drug trafficking
India actively applies extradition in cases related to violations of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), including drug smuggling, possession with intent to distribute, international trafficking, and production of synthetic drugs. - Crimes against the person
Extradition is permitted in cases of violent crimes, including murder, attempted murder, rape, kidnapping, and causing grievous bodily harm. - Cybercrimes and computer fraud
With the growth of digital threats, India is expanding the practice of extradition for cybercrimes: hacking attacks, phishing, and breaches of banking systems, distribution of malware, digital fraud, and data theft. Many such cases are initiated jointly with Interpol and foreign IT investigators.
Who has the right to request extradition from India?
The most frequent initiator of extradition is foreign states, which send a request through official channels. Such states act based on an extradition treaty with India, if it is signed, or the principle of reciprocity, if there is no agreement but both parties recognize the possibility of cooperation. Extradition requests are received through the Ministry of External Affairs, which then forwards them for consideration to the Ministry of Home Affairs.
Although Interpol is not a state and does not have jurisdiction over extradition, it plays an important role in initiating it. Countries can use a Red Notice for the temporary detention of an individual until an official extradition request is submitted. Interpol notices often serve as grounds for preliminary arrest if the individual is listed in the wanted database. Thus, Interpol itself does not request extradition, but its notices often become a catalyst for the initiation of formal procedures by a member state.
It is important to distinguish extradition from India (upon a foreign request) and to India (at the initiative of Indian authorities). In the latter case, an extradition request abroad can be initiated by the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), anti-corruption and tax services, as well as state police if the crime is of a regional nature.
Which states can receive an extradition request from India?
India actively cooperates with foreign states on extradition matters and has concluded bilateral extradition treaties with more than 40 countries worldwide. Among the key states with which such agreements are in effect are the USA, the United Kingdom, Canada, UAE, France, Germany, Russia, Brazil, Australia, Spain, Thailand, Switzerland, and South Africa. These treaties regulate the procedure for submitting requests, the list of extraditable offenses, and procedural guarantees.
However, even in the absence of a formal agreement, India can submit an extradition request under the principle of reciprocity. This means that countries without an official agreement can still satisfy the request if there is political will between the governments and an established practice of legal cooperation.
Legal Assistance for Extradition Cases in India
Without qualified legal support, it is practically impossible to successfully defend your rights in the extradition process. Cases involving accusations of economic, politically sensitive, or transnational crimes present particular complexity. In such cases, there is a high likelihood of legal violations, abuse of the Interpol notification system, or submission of an incomplete request with procedural violations.
Moreover, individuals subject to extradition often face violations of procedural guarantees and the inability to properly represent their interests without a lawyer.
Our legal team provides comprehensive legal assistance on extradition matters to India. We support clients at all stages of the case: from the moment of receiving information about the request to full defense in court or cancellation of extradition.
- Legal analysis of the extradition request. We thoroughly examine the grounds of the request, check for political motivation, violation of the principle of double criminality, expiration of the statute of limitations, and other obstacles to extradition;
- Defense in court. Our lawyers collaborate with local attorneys in India, represent the client in court hearings, file appeals, bail petitions, and ensure the observance of procedural rights;
- Representation before government authorities. We cooperate with the Ministry of Internal Affairs and other official structures, submit reasoned written objections, prepare documents, and participate in negotiations;
- International protection. If necessary, we engage international human rights mechanisms, file complaints with the CCF Commission if the case involves a red notice, provide consultations on obtaining asylum;
- Confidentiality and a strategic approach. We handle each case individually, with full confidentiality, strategic planning, and the involvement of specialists in extradition law and international human rights protection.
Contact us right now if you are facing an extradition request to India, do not wait for an official arrest. We will protect your rights, minimize risks, and ensure a fair case review within the framework of international and Indian law.
