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Extradition from India to the UK

Facing extradition from India to the UK? Our specialist extradition defence lawyers advise on the UK-India Extradition Treaty, grounds for refusal, and how to protect your rights in Indian courts. Contact us 24/7 for a free consultation.

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How the Extradition Process Works Between India and the UK

UK Request — The UK submits a formal extradition request through diplomatic channels to the Indian Ministry of External Affairs.
Indian Government Review — The Indian government considers the request and, if satisfied, refers it to the competent magistrate court.
Court Proceedings — The designated magistrate examines whether the request satisfies the requirements of the Extradition Act 1962 (India) and the bilateral treaty.
Habeas Corpus Challenge — The person sought may challenge the extradition order by filing a writ of habeas corpus before the High Court.
Supreme Court Appeal — Further appeals may be made to the Supreme Court of India before any surrender takes place.
Government Discretion — Even after court approval, the Indian government retains discretion to refuse surrender on humanitarian or political grounds.

Key Grounds for Refusal

Dual Criminality — The offence must constitute a crime under both Indian and UK law. If it does not meet the threshold in India, extradition must be refused.
Political Offence Exception — Extradition is barred where the offence is of a political character or the request is politically motivated.
Human Rights Violations — India may refuse extradition where surrender would expose the individual to torture, inhuman treatment, or an unfair trial.
Double Jeopardy (Ne Bis in Idem) — If the individual has already been tried and acquitted or convicted in India for the same offence, extradition cannot proceed.
Statute of Limitations — If the offence is time-barred under Indian law, extradition may be refused.
Death Penalty — India will refuse extradition where the person risks the death penalty unless the requesting state provides assurances.
Nationality — India retains the right to refuse extradition of its own nationals, instead prosecuting them domestically.

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Russian Nationals and Other Foreign Clients Facing India-UK Extradition

A significant share of our clients in India-UK extradition matters are Russian nationals, UAE residents, or individuals from other CIS countries who became subject to criminal proceedings while living in India or conducting business there. The unique challenge for these clients is that they may simultaneously face a Russian prosecution, an Indian extradition request, and an Interpol Red Notice — each requiring a different legal strategy. Our firm handles all three tracks: extradition defence, Interpol Red Notice removal for Russian cases, and parallel proceedings in multiple jurisdictions. Early instruction is critical. Call +357 96 447475 now or contact us through our website for an urgent free consultation — we are available 24 hours a day, seven days a week.

Grounds for Refusing Extradition from India to the UK

Political Offence Exception — Under the UK-India Extradition Treaty, extradition may be refused if the offence is of a political character. This is particularly relevant for cases involving dissidents, journalists, or business figures facing government-linked prosecution.
Risk of Persecution or Unfair Trial — UK courts applying the Human Rights Act 1998 and ECHR jurisprudence will refuse extradition where there is a real risk of torture, inhuman treatment, or an unfair trial in India.
Passage of Time and Delay — Significant delay since the alleged offence or since the extradition request was made can constitute a ground for refusal, particularly where the delay would make extradition oppressive.
Dual Criminality — The alleged conduct must constitute a criminal offence under both Indian and UK law. If the conduct falls outside UK criminal law, extradition cannot proceed.
Death Penalty — The UK will not extradite to India in cases where the death penalty could be imposed, unless India provides an assurance that the death penalty will not be sought or carried out.
Forum Bar — UK courts can refuse extradition where the substantial part of the alleged conduct occurred in the UK and it would not be in the interests of justice to extradite.

Interpol Red Notices and India-UK Extradition Cases

Interpol Notices as Extradition Triggers — An Interpol Red Notice issued at India’s request can lead to arrest in the UK and the initiation of extradition proceedings. Challenging the Red Notice through the CCF is often a critical parallel strategy.
Diffusion Notices — India also uses Interpol Diffusion notices, which are circulated directly to member countries’ police forces without formal CCF oversight. These can be challenged on the same grounds as Red Notices.
CCF Application During Extradition Proceedings — Submitting a CCF access request and complaint during UK extradition proceedings can provide valuable evidence of notice illegality, and CCF deletion strengthens the case for refusal of extradition.
Preventive Measures — For individuals not yet subject to an extradition request but at risk, a preventive CCF request can be filed to stop a Red Notice before it is issued, providing important advance protection.

Frequently Asked Questions — Extradition from India to the UK

Does the UK have an extradition treaty with India? — Yes. The UK-India Extradition Treaty of 1992 governs extradition between the two countries. It allows extradition for dual criminality offences with a maximum sentence of at least 12 months.
How long do India-UK extradition proceedings take? — Extradition cases involving India typically take 2–5 years in the UK courts, as appellants can challenge through Westminster Magistrates’ Court, the High Court, and potentially the Supreme Court.
Can I be extradited for a business or civil dispute? — No. Extradition is only available for genuine criminal offences. However, some Indian criminal cases involving commercial disputes (fraud, breach of trust) can be used as extradition vehicles. We assess each case individually.
What should I do if I receive an extradition request from India? — Contact specialist extradition lawyers immediately. The first hearing in an extradition case can take place quickly and early legal advice is critical to preserving all available defences.