Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Extradition law in India governs the surrender of individuals accused or convicted of offenses to foreign jurisdictions. The primary statute is the Extradition Act, 1962, which sets out the framework for surrender requests, grounds for refusal, and the roles of the Central Government and courts. In practice, extradition also relies on bilateral treaties and Mutual Legal Assistance Treaties (MLATs) to facilitate cooperation with other countries.
Under Indian law, extradition is generally a formal executive process, with the Central Government making key decisions on surrender after review by competent authorities. Indian courts may be involved in certain stages, especially to examine procedural aspects and ensure fundamental rights are protected. The process balances treaty obligations with constitutional protections for individuals.
India’s extradition framework emphasizes two core concepts: dual criminality (the offense must be a crime in both India and the requesting country) and the exclusion of political offenses from surrender. The law also allows for grounds to challenge surrender on humanitarian grounds, human rights considerations, or violations of due process. These protections are designed to prevent misuse of extradition against political dissidents or innocent individuals.
In recent years, India has expanded cooperation through MLATs and updated domestic statutes to address financial crimes and asset recovery. This has included measures to confiscate proceeds of crime and to coordinate with foreign authorities on evidence gathering. The overall aim is to facilitate legitimate cross-border criminal justice while safeguarding the rights of individuals.
Source note: Extradition in India operates through a combination of the Extradition Act, 1962, bilateral treaties and MLAT arrangements with foreign jurisdictions.
Key sources for the statutory framework include the Extradition Act, 1962 and related measures published by official government portals. For authoritative text, see the IndiaCode portal which hosts the Extradition Act and amendments, and government pages on mutual legal cooperation with foreign countries.
Extradition Act, 1962 on IndiaCode - official version of the statute and amendments.
Mutual Legal Assistance Treaty and related mechanisms - official government information on cross-border legal cooperation.
Source note: The Fugitive Economic Offenders Act, 2018 complements extradition by empowering asset recovery and cooperation with foreign authorities in cases involving fugitives.
Fugitive Economic Offenders Act, 2018 on IndiaCode - statutory text and updates.
When facing extradition or pursuing extradition cooperation, a lawyer helps protect rights, assess grounds for refusal, and navigate complex procedures. Below are concrete, India-specific scenarios where expert legal counsel is essential.
India’s extradition framework rests on a few key statutes and treaty-based mechanisms. The following laws and regulations are central to extradition, and they interact with treaty practice and asset recovery initiatives.
The Extradition Act, 1962 provides the statutory basis for surrender of fugitives to foreign states with which India has a treaty or agreement. It covers grounds for surrender, procedure, and safeguards against improper surrender. The Act has been amended over time to reflect evolving international cooperation and domestic protections. The Act applies to non-citizens primarily, while Indian nationals are typically not surrendered under normal circumstances.
Official references discuss the Act as the foundation of cross-border surrender arrangements, with further detail available on government portals and legal repositories. The Act operates alongside procedural rules and bilateral treaties to determine when surrender is appropriate and lawful.
Extradition Act, 1962 (IndiaCode) - statutory text and amendments.
Recent context: The Act forms the backbone of India's extradition framework and is complemented by MLATs and related measures to streamline cooperation with foreign jurisdictions.
The Fugitive Economic Offenders Act, 2018 enables asset confiscation and provides tools to pursue fugitives who commit offenses involving economic crimes. While not a stand-alone extradition statute, it strengthens the government’s ability to proceed against fugitives abroad and to seek cooperation from foreign authorities in asset recovery and prosecution.
Official sources describe the Act as a key instrument for tackling economic fugitives and facilitating cross-border cooperation, including extradition when applicable. It works in tandem with Extradition Act provisions and MLAT processes.
Fugitive Economic Offenders Act, 2018 (IndiaCode) - statutory text and updates.
Mutual Legal Assistance Treaties (MLATs) provide a structured framework for cross-border cooperation on criminal matters, including evidence gathering, enforcement, and, in some cases, extradition. India maintains MLAT arrangements with several countries to facilitate timely information exchange and joint investigations.
These treaty-based processes are complemented by domestic procedures under the Extradition Act to determine surrender of individuals. The MEA and MHA oversee treaty negotiations and implementation in coordination with Indian courts and prosecutors.
Mutual Legal Assistance Treaty information (MEA) - official government information on MLATs and cross-border cooperation.
Below are common questions about extradition in India. Each question starts with a leading verb or interrogative and is answered succinctly with India-specific context.
The Extradition Act, 1962 provides the legal framework for surrendering fugitives to foreign states with whom India has a treaty or agreement. It sets out grounds for surrender and the roles of authorities involved. The Act is complemented by MLATs and related administrative procedures.
Upon receipt, the Central Government assesses the request, consults relevant authorities, and may issue a surrender order if legal conditions are met. The individual may challenge the surrender in appropriate courts or through habeas corpus petitions, depending on the stage of proceedings.
India may refuse surrender on grounds such as political offense, dual criminality, inadequate evidence, or human rights concerns. The Extradition Act and treaty terms guide these refusals, and courts may review aspects of procedural fairness.
You can find the Extradition Act, 1962 and amendments on the official IndiaCode portal. This is the primary statutory source for surrender procedures and grounds for refusal.
Dual criminality means the offense must be a crime in both India and the requesting country. This principle prevents surrender for acts that are not crimes under Indian law and frames many legal challenges to extradition requests.
Extradition of Indian nationals is typically restricted or avoided under Indian practice and constitutional considerations. The government evaluates such requests under statutory and treaty provisions to protect citizens' rights.
Yes. MLAT matters involve procedural timelines, privilege protection, and admissibility of evidence. A lawyer helps ensure rights are protected and documents are properly prepared.
Yes. An extradition attorney can assess grounds for challenge, rights under the Constitution, and strategic options to delay or block surrender where appropriate.
Timeframes vary by case complexity, treaty steps, and court proceedings. A straightforward surrender may take several months, while complicated matters can extend to a year or more.
The Central Government decides whether to surrender a person and coordinates with foreign authorities under treaty obligations. It can also oversee the scrutiny of evidence and ensure due process rights are respected.
Costs vary by case complexity, location, and the lawyer’s rates. Expect fees for initial consultation, case strategy, court filings, and potential appearances across multiple jurisdictions.
Extradition is the broader international practice of surrendering a person to another country under treaty or MLAT. Surrender here refers to a formal surrender decision by the Indian government for extradition.
Lawzana helps you find the best lawyers and law firms in India through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Extradition, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in India — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Refine your search by selecting a city.
