India–UK Extradition Treaty: Can a 498A or FIR Case in India Lead to Extradition from the UK?

Quick answer: Yes, a treaty exists. India and the United Kingdom signed an extradition treaty in London on 22 September 1992, and it entered into force on 15 November 1993. It has no list of crimes: the conduct must be punishable with at least one year's imprisonment under the law of each country. India is listed by the UK Home Office as a Type B territory, which is still required to provide prima facie evidence in support of its extradition requests. A warrant, a Look Out Circular and proclamation proceedings in India are separate matters from extradition.

Extradition is the formal surrender of a person by one country to another so that the person can be prosecuted or punished there. Under the India–UK treaty, each country undertakes to extradite to the other any person accused or convicted of an extradition offence, whether the offence was committed before or after the treaty entered into force. This page explains, for a person living in the UK who has an FIR (a First Information Report, the police record that starts a criminal case in India), a 498A case or a warrant in India, what the treaty and the UK procedure say.

This page gives information on Indian law and on the text of the treaty and the published UK procedure. NRI Legal Consultants advises on Indian law only and does not advise on the law of the United Kingdom.

Does India have an extradition treaty with the UK?

Yes. The Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India was signed in London on 22 September 1992. The treaty entered into force on 15 November 1993, and the UK published it as Treaty Series No. 13 (1994), Cm 2488. Article 23 provides that it enters into force on the date of the exchange of the instruments of ratification at New Delhi. The Ministry of External Affairs lists the UK, with the year 1992, among the countries with which India has extradition treaties. Either country may end the treaty by notice, and it then ceases to have effect six months after the notice is received.

In plain words: yes, there is a treaty. It has been in force since November 1993 and it works in both directions. It covers people who are accused and people who have already been convicted.

Which offences are extraditable under the India–UK treaty?

An extradition offence under the treaty is conduct which under the laws of each Contracting State is punishable by a term of imprisonment for a period of at least one year. An offence may be an extradition offence even if it relates to taxation or revenue or is of a purely fiscal character. On the UK side, the Extradition Act 2003 requires that the conduct would be an offence in the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment, and that it is so punishable under the law of the requesting territory. This requirement is called dual criminality.

In plain words: there is no fixed list. The question is whether the same behaviour is a crime in both countries, and whether each country can punish it with at least a year in prison.

Can a 498A (Section 85 BNS) case lead to extradition from the UK?

Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes a husband, or a relative of the husband, who subjects a woman to cruelty with imprisonment for a term which may extend to three years and a fine. That meets the one-year level on the Indian side. The treaty also requires the conduct to be punishable by at least one year's imprisonment under the law of the United Kingdom. At the extradition hearing the judge must be satisfied that the conduct amounts to an extradition offence, that there is prima facie evidence of guilt where applicable, and that none of the bars to extradition apply, including that extradition would not breach the person's human rights.

In plain words: a 498A case is serious enough on the Indian side. But the same behaviour must also be a crime in the UK carrying at least a year in prison, and India must send enough evidence for a UK judge. Those questions are decided in the UK on the request India sends. An Indian court does not decide them, and this page does not predict them.

From Adv. Benipal's practice: in his practice, extradition has been extremely uncommon in ordinary 498A or matrimonial cases. It is legally available in appropriate criminal cases, but in matrimonial matters the practical tools encountered much more often are Look Out Circulars, non-bailable warrants and, where the legal requirements are satisfied, proclamation proceedings. Extradition involves a separate international process and treaty requirements, including dual criminality, which can present a significant obstacle in matrimonial offences.

Does India have to send evidence to the UK?

Yes. The UK Home Office divides category 2 territories into Type A, which are not required to provide prima facie evidence with extradition requests, and Type B, which are still required to do so. India is listed as a Type B territory. India is designated as a category 2 territory under Part 2 of the Extradition Act 2003, and it is not among the territories exempted from the evidence test. In a case where the person has not been convicted, the judge must decide whether there is evidence which would be sufficient to make a case requiring an answer by the person if the proceedings were a summary trial. If the judge decides that question in the negative, the judge must order the person's discharge.

The treaty itself says the same: a request for an accused person must be accompanied by a warrant of arrest and by such evidence as would justify committal for trial if the offence had been committed in the country receiving the request. The request is made through the diplomatic channel.

In plain words: an FIR alone is not enough. India has to send a warrant and evidence, government to government, and a UK judge checks that evidence before anything else happens.

How does an Indian extradition request proceed in the UK?

The Home Office lists these steps for a category 2 territory: the requesting state makes the request to the Secretary of State; the Secretary of State decides whether to certify it and sends the case to the court; a judge decides whether to issue a warrant for arrest; the person is arrested and brought before the court; there is a preliminary hearing and then an extradition hearing; and the Secretary of State decides whether to order extradition. The extradition hearing is before a District Judge, and the Crown Prosecution Service represents the requesting State.

After a case is sent to the Secretary of State, the requested person may make representations as to why they should not be extradited within 4 weeks. The Secretary of State has to make a decision within 2 months of the day the case is sent, but can apply to the High Court for an extension. An appeal against the Secretary of State's order to the High Court is possible only with the High Court's permission, and notice of the application must be given within 14 days. A further appeal to the Supreme Court can be made only if the High Court has certified that the case involves a point of law of general public importance.

In plain words: the UK process has two decision-makers, the court and the Home Secretary, and several stages of appeal. It is not a quick or automatic handover.

When can a UK court refuse extradition to India?

Under the Extradition Act 2003 the judge must decide whether extradition is barred by reason of the rule against double jeopardy, extraneous considerations, the passage of time, hostage-taking considerations or forum. Extraneous considerations means that the request is in fact made to prosecute or punish the person on account of race, religion, nationality, gender, sexual orientation or political opinions, or that the person might be prejudiced at trial or punished for those reasons. Extradition is barred by the passage of time if it would be unjust or oppressive by reason of the time that has passed. The judge must also decide whether extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998. If the person's physical or mental condition is such that it would be unjust or oppressive to extradite them, the judge must discharge them or adjourn the hearing.

The treaty contains its own grounds for refusal. A person may not be extradited if it would be unjust or oppressive by reason of the trivial nature of the offence, the passage of time, or the accusation not having been made in good faith in the interests of justice. A person who has been convicted may not be extradited unless sentenced to imprisonment or detention for four months or more, or, subject to Article 16, to the death penalty.

In plain words: a UK court looks at more than the offence. Delay, bad faith, unfair treatment, human rights and health can each stop an extradition.

Does British citizenship or UK residence prevent extradition to India?

Article 4 of the treaty states that nothing in the treaty shall preclude the extradition by the Requested State of its nationals. UK immigration or residence status does not prevent Indian authorities or courts from taking action in respect of an offence alleged to have been committed in India.

In plain words: a British passport or UK settled status does not by itself stop an extradition request, and it does not stop the case in India either.

Can a person be arrested in the UK before the full request arrives?

In urgent cases the treaty allows the person sought to be provisionally arrested, in accordance with the law of the country receiving the request, on the application of the requesting country. A person arrested in this way shall be set at liberty after 60 days from the arrest if a request for extradition has not been received, but further proceedings can be started if a request arrives later. The Extradition (Provisional Arrest) Act 2020 allows arrest without a warrant on a certified Interpol Red Notice only for the territories listed in Schedule A1, which are Australia, Canada, Iceland, Liechtenstein, New Zealand, Norway, Switzerland and the United States. India is not on that list.

In plain words: a short arrest while India prepares its papers is possible under the treaty. But an Indian Red Notice on its own does not give UK police the special power to arrest without a warrant that exists for a few countries.

After extradition, can India try the person for other cases as well?

The treaty contains a rule of speciality: a person returned under it shall not be dealt with in the requesting country for an offence committed before the return, other than the offence for which the person was returned, a lesser offence disclosed by the same facts, or another offence to which the country that surrendered the person consents. Before ordering extradition, the Secretary of State must decide whether it is prohibited because of the death penalty, speciality or an earlier extradition to the UK from another territory.

In plain words: India can try the person for the case it asked for, and not for every other old case, unless the UK agrees.

Does the death penalty affect extradition from the UK?

Under the treaty, if the person is liable to the death penalty in the requesting country but the law of the requested country does not provide for it in a similar case, extradition may be refused unless sufficient assurance is given that the death penalty will not be carried out. The Extradition Act 2003 says the Secretary of State must not order extradition to a category 2 territory if the person could be, will be or has been sentenced to death for the offence, unless an adequate written assurance is received.

What is an Interpol Red Notice, and is it an arrest warrant?

A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender or similar legal action. It is an international alert for a wanted person, but it is not an arrest warrant. Member countries apply their own laws in deciding whether to arrest a person.

What should a person in the UK do first?

An NRI living in the UK can face criminal proceedings in India even while residing abroad. For an NRI facing criminal proceedings in India, the FIR, the risk of arrest, court summons or warrants, any Look Out Circular, any proclamation proceedings and any order affecting the passport should be examined before travelling to India. An NRI planning to travel to India should obtain the current case status and relevant court orders before making travel arrangements.

What the office asks a client for first (given for clients in the USA): the very first step is to stay calm and to put the facts in order. The office then asks for the documents pertaining to the matter, because what is on record is what matters most. The documents could be a summons from a court, a notice of appearance, a reply by the police in a complaint, or a copy of the FIR, if applicable.

See also Criminal cases in India for NRIs living in the United Kingdom.

Extradition, Look Out Circulars, warrants and proclamation are different things

An extradition request is made by one government to another through the diplomatic channel. A Look Out Circular, a warrant and proclamation proceedings are orders and measures inside India, and each is explained on its own page:

• Look Out Circular (LOC): what it means and how NRIs can get it removed
• Non-bailable warrant in India while you live abroad
• NRI declared a proclaimed offender in India
• Anticipatory bail for an NRI
• FIR quashing for NRI under Section 528 BNSS

Frequently Asked Questions

Does India have an extradition treaty with the UK?

Yes. It was signed in London on 22 September 1992 and entered into force on 15 November 1993.

Is 498A an extraditable offence from the UK?

Section 85 BNS carries imprisonment for a term which may extend to three years. The treaty requires conduct punishable by at least one year's imprisonment under the laws of each country. Whether the same conduct reaches that level under UK law, and whether India's evidence is sufficient, is decided by the UK judge on the request India sends.

Does India have to provide evidence to the UK?

Yes. India is a Type B territory, which is still required to provide prima facie evidence in support of an extradition request.

Can a British citizen be extradited to India?

Article 4 of the treaty states that nothing in the treaty shall preclude the extradition by the Requested State of its nationals.

How long can a person be held on provisional arrest under the treaty?

A person provisionally arrested shall be set at liberty after 60 days from the arrest if a request for extradition has not been received.

Is an Interpol Red Notice an arrest warrant?

No. It is an international alert for a wanted person, but it is not an arrest warrant.

About the Author: Adv. Jaspreet Singh Benipal — Founder & Managing Partner, NRI Legal Consultants. Reviewed by Adv. Jaspreet Singh Benipal (answers received 22 October 2026).

Official sources: UK Treaty Series No. 13 (1994), Cm 2488 — Extradition Treaty between the UK and India (FCDO treaty library) · Extradition Act 2003 and the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (legislation.gov.uk) · Home Office — Extradition: processes and review (gov.uk) · Ministry of External Affairs — List of Extradition Treaties/Arrangements · Bharatiya Nyaya Sanhita, 2023 (Ministry of Home Affairs) · INTERPOL — Red Notices