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: pending Indian charges can delay extradition significantly, but you must weigh whether domestic prosecution serves your interests. The Indian government retains discretion to prioritise domestic proceedings, particularly where the Indian offence carries substantial imprisonment.
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