Extradition India to UK Archives - Intercollegium Law Firm
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Extradition India to UK

May 18, 2026
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Can my extradition to the UK be refused if I am currently facing separate criminal charges in India?

Active criminal proceedings in India do not automatically bar extradition but typically result in postponement of surrender until Indian proceedings conclude. Under Article 12 of the UK-India Treaty and Section 22 of the Extradition Act 1962, the Indian government may defer surrender while you face trial or serve a sentence domestically. This creates strategic considerations: […]

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May 18, 2026
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Can I be extradited from India to the UK if I hold a valid Indian visa or residency permit?

Yes, holding an Indian visa or residency permit provides no protection against extradition. Immigration status is entirely separate from extradition proceedings under the Extradition Act 1962. Indian authorities can detain you upon receipt of a provisional arrest warrant regardless of your lawful residence. However, long-term residence in India may be relevant when arguing that extradition […]

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May 18, 2026
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How long does extradition from India to the UK typically take?

India-UK extradition cases typically take between 2 and 7 years from initial arrest to final surrender, depending on the complexity of challenges raised. Magistrate court proceedings usually last 6–18 months. If habeas corpus petitions are filed before the High Court, add another 12–24 months. Supreme Court appeals can extend matters by an additional 1–3 years. […]

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May 18, 2026
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What happens if I am arrested in India on a UK extradition warrant while travelling?

You will be brought before a magistrate within 24 hours of arrest, where the court will assess whether provisional detention is justified pending receipt of formal extradition documents. The UK typically has 60 days to submit complete extradition papers through diplomatic channels. During this period, you may apply for bail, though Indian courts grant bail […]

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May 18, 2026
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Can the UK extradite me from India for tax evasion or regulatory offences?

Tax evasion and regulatory offences are extraditable only if they meet the dual criminality threshold under both legal systems. Pure tax offences historically faced resistance, but the UK-India Treaty covers fiscal offences where they constitute serious crimes carrying at least one year’s imprisonment. The critical question is whether the specific conduct alleged — not merely […]

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May 18, 2026
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Will India extradite me if UK prosecutors are seeking my surrender for a conspiracy charge where I never entered the UK?

India can extradite for conspiracy offences even where you never physically entered the UK, provided the alleged criminal agreement had effects within UK jurisdiction. Indian courts will examine whether the conduct constitutes conspiracy under Indian Penal Code provisions and whether sufficient jurisdictional nexus exists. However, this creates fertile ground for defence arguments: you may challenge […]

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