India-US Extradition Treaty Explained: How the Process Works and Why It Often Takes Years

Extradition between India and the United States is regulated by the bilateral Extradition Treaty signed in 1997, along with India’s Extradition Act, 1962. A key feature of the treaty is the principle of dual criminality, which provides that an offence is extraditable only if it carries a punishment of more than one year’s imprisonment in both countries, according to a report by The Indian Express.

The treaty prohibits extradition for political offences. However, serious crimes such as murder, hostage-taking, terrorism, and drug trafficking are expressly excluded from this protection. Extradition cannot be denied solely because the individual sought is an Indian citizen. The treaty also incorporates the rule of speciality, which generally restricts the prosecuting state to trying the extradited person only for the offences for which extradition was approved.

What happens if Washington sends an extradition request?

An extradition request is generally initiated by the US Department of Justice and forwarded through the State Department to India’s Ministry of External Affairs (MEA). The MEA, in coordination with the Ministry of Home Affairs and agencies such as the CBI, reviews the request to ensure it complies with the provisions of the bilateral treaty and India’s Extradition Act, the IE reported.

If the Central government finds the request to be legally tenable, it is referred to an Indian court. The court then determines whether the treaty conditions have been met and whether the evidence submitted by the US would have been sufficient to justify committal if the alleged offence had occurred in India.

If the court is satisfied that the legal requirements have been fulfilled, it declares the accused extraditable and submits its findings to the Central government. However, the ultimate authority to approve extradition lies with the Union government, which may attach conditions or request diplomatic assurances before authorising the surrender. The government's decision is also subject to judicial review before the High Court and the Supreme Court, making the extradition process often prolonged and time-consuming, according to the Indian Express.

How common are extraditions between India and the US?

Despite the strong strategic partnership between India and the United States, extraditions between the two countries have remained relatively uncommon.

Since the 1997 Extradition Treaty came into effect, India has extradited only a little over a dozen fugitives to the US. The first was Yogesh Ratilal Shah in 2002, who was wanted by the FBI in connection with a bank fraud case. The most recent was Ganesh Shenoy, extradited in 2025 to stand trial for his alleged involvement in a fatal car crash that occurred in 2005. At the time, US authorities noted that it was the first extradition from India since 2017.

According to data from the Ministry of External Affairs (MEA), the US extradited only 11 fugitives to India between 2002 and 2018, while nearly 60 extradition requests submitted by India were still awaiting action by US authorities.

Section 32 of the Extradition Act

Section 32 of the Extradition Act states that Sections 29 and 31 of the Act apply uniformly to every foreign state, regardless of other provisions in the Act. In practical terms, this means that if extradition is eventually approved, the rule of speciality under Section 31 would apply to a country such as the United States. Under this principle, an extradited person can generally be prosecuted only for the offences for which extradition was granted, unless India subsequently consents to additional charges.

In Lawrence Bishnoi's case, any extradition request from the US would still have to satisfy the requirements of the bilateral treaty, undergo scrutiny by Indian authorities and courts, and receive final approval from the Union government before any surrender could take place.