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

Quick answer: Yes. India and the USA signed an extradition treaty in 1997, and it has been in force since July 1999. It has no list of crimes. A person can be sent back only for something that is a crime in both countries and that each country can punish with more than one year in prison. A 498A case passes that test on the Indian side. Whether it passes on the American side is decided in the United States, one case at a time. A warrant, a Look Out Circular and proclamation proceedings are separate matters from extradition, and each has its own page below.

Extradition is the formal surrender of a person by one country to another so that the person can be prosecuted or punished there. India and the United States signed an extradition treaty at Washington on June 25, 1997. Under it an offence is extraditable, meaning a person can be sent back for it, if it is punishable under the laws of both countries by imprisonment for more than one year, or by a more severe penalty. This page explains, for a person living in the USA 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 says and what it does not say.

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

Does India have an extradition treaty with the USA?

Yes. The Extradition Treaty between the Government of the United States of America and the Government of the Republic of India was signed at Washington on June 25, 1997. The Ministry of External Affairs lists the USA, with the year 1997, among the countries with which India has extradition treaties currently in force. The treaty obliges each country to extradite to the other any person charged with or found guilty of an extraditable offence, whether the offence was committed before or after the treaty entered into force. The instruments of ratification were exchanged at New Delhi on 21 July 1999. Article 23 of the treaty provides that it shall enter into force upon the exchange of the instruments of ratification. The Ministry of External Affairs published the treaty in the Gazette of India by a notification dated 14 September 1999.

In plain words: yes, there is a treaty. It has been in force since July 1999, and it works in both directions. It covers people who have been charged and people who have already been convicted.

Which offences are extraditable under the India–US treaty?

The treaty uses a dual criminality clause rather than a list of offences. An offence is extraditable if it is punishable under the laws of both countries by deprivation of liberty for a period of more than one year, or by a more severe penalty. This applies whether or not the laws of both countries place the offence within the same category of offences or describe it by the same terminology.

In plain words: there is no fixed list. The question is whether the same conduct is a crime in both countries, and whether each country can punish it with more than a year in prison. The name of the offence does not have to match.

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

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. A term which may extend to three years is more than the one year the treaty asks for on the Indian side. That alone is not enough. The treaty defines an extraditable offence as one punishable under the laws of both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty. The United States is one of those two States, so the conduct has to be punishable to that extent under United States law as well. A request for a person sought for prosecution must be supported by such evidence as would justify committal for trial if the offence had been committed in the country receiving the request.

In plain words: a 498A case is serious enough on the Indian side. But two more things are needed. The same behaviour must be a crime in the United States that can be punished with more than a year in prison. And India must send enough evidence to justify a trial.

Whether those conditions are met in a particular case is decided by the authorities of the United States on the request India sends. An Indian court does not decide it, and this page does not predict it.

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.

In plain words: in a 498A or family case the things that actually reach a person in the USA are usually a travel alert (a Look Out Circular), a warrant, or a court notice to appear — not an extradition request.

If you live in the USA: what this means in practice

Criminal proceedings in India are governed by Indian law even when the accused is residing in the United States. Residence in the USA does not by itself suspend an Indian criminal proceeding or an order passed by an Indian court. An NRI can instruct an advocate in India to institute and conduct appropriate legal proceedings. However, there is no blanket rule that an NRI will never be required to appear personally. Whether personal appearance is required depends upon the nature and stage of the case, the court's directions and any conditions imposed by the court.

For a person in the USA the practical questions are therefore usually about the Indian case itself: what has been filed, which court is dealing with it, whether a warrant or a Look Out Circular exists, and what can be done from abroad before any travel to India.

What the office asks a client in the USA for first: 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. Only then can the appropriate legal remedy be looked for. 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. Clients are asked to say what exactly has happened in plain, simple language, and not to send ChatGPT drafts: the law requires the plain facts as they happened, and the rest is the attorney's job.

In plain words: send the papers you actually have and tell the story simply. You do not need to work out the law before you write; that is what the advocate does.

What should a person in the USA do first?

The first step is to obtain and examine the FIR and determine the offences alleged, the police station and territorial jurisdiction, whether any notice, summons or warrant has been issued, and whether any LOC or other travel-related restriction exists. Before travelling to India, an NRI with pending criminal proceedings should have the FIR, warrants, bail orders, court orders and any available information concerning an LOC examined. See Criminal cases in India for NRIs living in the USA.

Does United States citizenship or a green card prevent extradition to India?

Article 3 of the treaty provides that extradition shall not be refused on the ground that the person sought is a national of the Requested State, that is, the country receiving the request.

In plain words: holding a US passport or a green card does not by itself stop an extradition request. The treaty calls the country that receives a request the Requested State.

What must India send with an extradition request?

All requests must be submitted through the diplomatic channel. A request for a person sought for prosecution must be supported by such evidence as would justify committal for trial if the offence had been committed in the country receiving the request.

In plain words: the request travels from government to government, not from a police station or a private complainant. It has to come with evidence, not only with an allegation.

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

The treaty sets out a procedure for the provisional arrest of a person pending presentation of the formal request for extradition. If the formal request and supporting documents are not received within sixty days after the provisional arrest, the person may be discharged from custody. Discharge from custody does not prejudice subsequent re-arrest and extradition upon later delivery of the extradition request and supporting documents.

In plain words: a person can be held for a short time while India prepares its papers. If the papers do not arrive in sixty days the person can be released, but can be arrested again when they do arrive.

When can extradition be refused under the treaty?

Extradition shall not be granted if the offence for which extradition is requested is a political offence. It shall not be granted if the executive authority of the country receiving the request determines that the request was politically motivated. Extradition is barred when the person sought has been convicted or acquitted in the Requested State (the country receiving the request) for the same offence. Extradition shall not be granted when the prosecution has become barred by lapse of time according to the laws of the requesting country.

In plain words: political cases, cases already decided in the other country, and cases that are too old under the requesting country's own law are outside the treaty.

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

The treaty contains the rule of specialty. A person extradited under the treaty may not be detained, tried or punished in the requesting country for an offence other than the one for which extradition was granted, unless one of the listed exceptions applies.

In plain words: India can try the person only for the case it asked for, not for every other case it may have.

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. Red Notices are published by INTERPOL at the request of a member country.

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

An FIR, warrant, LOC and proclamation are different legal matters and should not be treated as interchangeable. An FIR does not automatically mean that an LOC has been issued. They are also different from an extradition request. Each is explained on its own page:

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

Frequently Asked Questions

Does India have an extradition treaty with the US?

Yes. The treaty was signed at Washington on June 25, 1997. The instruments of ratification were exchanged at New Delhi on 21 July 1999. Article 23 of the treaty provides that it shall enter into force upon the exchange of the instruments of ratification.

Is 498A an extraditable offence?

Section 85 BNS carries imprisonment for a term which may extend to three years. The treaty defines an extraditable offence as one punishable under the laws of both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty. The United States is one of those two States, so the offence has to reach that level under United States law as well. Whether it does in a particular case is decided on the request India sends, not by an Indian court.

Can a US citizen be extradited to India?

The treaty says extradition shall not be refused on the ground that the person sought is a national of the country receiving the request.

How long can a person be held on provisional arrest?

If the formal request and supporting documents are not received within sixty days after the provisional arrest, the person may be discharged from custody.

Can India try me for a different case after extradition?

Under the rule of specialty a person extradited under the treaty may not be detained, tried or punished in the requesting country for an offence other than that for which extradition has been granted, unless one of the listed exceptions applies.

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 23 September 2026).

Official sources: Embassy of India, Washington DC — Extradition treaty between India and the US · Ministry of External Affairs — List of Extradition Treaties/Arrangements · Gazette of India, MEA notification G.S.R. 633(E) of 14 September 1999 · Bharatiya Nyaya Sanhita, 2023 (Ministry of Home Affairs) · INTERPOL — Red Notices