Extradition from India to the UK

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.

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 would be disproportionate or oppressive, particularly if you have established family ties, business interests, or community connections that would be severely disrupted by surrender to the UK.

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. The Indian judiciary’s substantial backlog contributes to delays, which can actually benefit the defence by strengthening passage-of-time arguments. Vijay Mallya’s extradition, for example, took approximately four years through Indian diplomatic processes after UK court approval.

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 sparingly in extradition matters, particularly for serious financial crimes. Immediate legal representation is essential to challenge procedural defects in the arrest warrant and to begin preparing substantive defences before formal proceedings commence.

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 the legal characterisation — would constitute a criminal offence under Indian law. Revenue cases involving fraud elements are more likely to satisfy dual criminality than technical regulatory breaches. Each case requires careful analysis of the underlying factual allegations.