How does extradition or inter-state transfer work for an accused fleeing to another state or country?

Question

The accused in my case has fled to another state or abroad. How can the police bring them back to face trial? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How does extradition or inter-state transfer work for an accused fleeing to another state or country? is governed in India primarily by Extradition Act 1962, BNSS 2023 s.399 and BNSS 2023 s.84. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Within India, if an accused absconds to another state, the investigating police can seek a transfer/production warrant, and BNSS proclamation and attachment provisions (akin to old s.82/83) under s.84 can be invoked to declare the person a proclaimed offender.

For an accused who has fled abroad, extradition proceedings under the Extradition Act 1962 are initiated through the Ministry of External Affairs and CBI (as the nodal agency for INTERPOL), based on a bilateral extradition treaty or arrangement with the country concerned.

A Red Corner Notice through INTERPOL can be requested to alert international law enforcement, but it is not by itself an arrest warrant and depends on cooperation of the foreign state.

Courts require sufficient documentation (arrest warrant, chargesheet, prima facie evidence) to support an extradition request, and the process can take months to years depending on the treaty and cooperation.

Where no extradition treaty exists, requests can still be pursued through diplomatic channels or under the principle of reciprocity, though success is far less assured.

What to do next: 1) For inter-state absconding, seek proclamation under s.84 BNSS from the trial court; 2) For fleeing abroad, coordinate with CBI/Ministry of External Affairs to initiate extradition or a Red Corner Notice; 3) Compile complete case documents to support the extradition request; 4) Track the case through the CBI's international police cooperation unit.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Extradition Act 1962 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.