The US India extradition process allows either country to request the surrender of individuals wanted for prosecution or punishment. Governed by a bilateral treaty, the procedure involves formal government requests, legal scrutiny, federal court hearings and a final decision by US authorities
The US India extradition process allows Indian authorities to seek the return of people located in the United States who are wanted for criminal prosecution or to serve a sentence. However, extradition is not automatic. It requires legal documentation, treaty compliance, judicial review and a final government decision.
What is the US–India extradition treaty?
India and the United States signed an extradition treaty on June 25, 1997. It entered into force on July 21, 1999, establishing a framework for surrendering individuals accused or convicted of qualifying crimes.
The treaty generally requires dual criminality, meaning the conduct must be punishable under the laws of both countries. Certain treaty restrictions may prevent surrender.
How does the extradition procedure work?
Indian investigating agencies prepare a request supported by relevant charges, warrants and evidence. India's Ministry of External Affairs coordinates formal extradition requests through diplomatic channels.
In the United States, the Departments of State and Justice review the request. Federal prosecutors may seek an arrest warrant, after which a federal judge examines whether treaty and legal requirements are satisfied.
If the court certifies extraditability, the case goes to the US Secretary of State for the final surrender decision.
Which offenses qualify for extradition?
Serious offenses such as murder, fraud and other qualifying crimes may support extradition if treaty requirements are met.
Courts examine the alleged conduct, supporting evidence, identity of the person sought and applicable treaty restrictions. A foreign criminal allegation alone does not establish guilt or guarantee extradition.
Extradition vs deportation
Extradition transfers a person to another country for prosecution or punishment under a legal surrender process.
Deportation, also called removal, operates through US immigration law. A person detained by Immigration and Customs Enforcement is not automatically subject to extradition.
How long does extradition take?
There is no universal extradition deadline. Proceedings may take months or years depending on documentation, court challenges, applicable legal protections and government decisions.
Once surrender is authorized and legal obstacles are resolved, authorities coordinate the transfer. Until that process is completed, a request from India does not itself establish that a person will be returned.
