India can extradite without a treaty if the Central Government issues a notification under Section 3(3) of the Extradition Act, 1962, treating the requesting state as a treaty state for that specific case. This requires diplomatic engagement and Cabinet approval, making it procedurally slow—often 12–24 months before formal proceedings begin. Courts must still find dual criminality, adequate evidence establishing a prima facie case, and compliance with Section 31 protections against political offences or death penalty risks. Without treaty obligations, Indian courts apply heightened scrutiny, providing stronger grounds for contesting surrender.
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