How does India handle extradition requests from countries without a bilateral treaty?

By Dr. Anatoliy Yarovyi — Senior Partner

Updated: 26 Oct 2026

India can extradite to a country without a bilateral treaty if the Central Government, by notified order under Section 3 of the Extradition Act, 1962, applies the Act to that state, or treats a convention to which India and that state are parties as an extradition treaty. This requires diplomatic engagement and can make the process procedurally slow. Courts must still find dual criminality, adequate evidence establishing a prima facie case, and compliance with Section 31 restrictions on surrender, such as the bar on surrender for political offences. Without treaty obligations, Indian courts apply heightened scrutiny, providing stronger grounds for contesting surrender.