On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Republic of India Decree of the President of the Republic of Kazakhstan dated February 2, 2026 No. 1167.

Home / Decree / On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Republic of India Decree of the President of the Republic of Kazakhstan dated February 2, 2026 No. 1167.

On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Republic of India

Decree of the President of the Republic of Kazakhstan dated February 2, 2026 No. 1167.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Extradition Treaty between the Republic of Kazakhstan and the Republic of India.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Extradition Treaty between the Republic of Kazakhstan and the Republic of India, authorizing amendments and additions that are not of a fundamental nature.

3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on February 2, 2026 No. 1167

Project

Agreement between the Republic of Kazakhstan and the Republic of India on extradition

The Republic of Kazakhstan and the Republic of India, hereinafter referred to as the "Contracting States",

Desiring to promote and strengthen bilateral cooperation in extradition matters,

We have agreed on the following:

Article 1

Obligation to issue

Each Contracting State, at the request of the other Contracting State, undertakes, in accordance with the terms of these Treaties, to extradite, by its national legislation, any person located in its territory who is wanted by the competent authorities of the Requesting Contracting State for criminal prosecution or for the enforcement of an effective court sentence for extraditable offences, regardless of whether this crime took place before or after the entry into force of this Treaty.

Article 2

Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, in accordance with the national legislation of both Contracting States, are criminally punishable and for which the penalty is imprisonment for a period of at least one (1) year or more.

2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, extradition is possible only if the person's unserved sentence at the time of the request is at least six (6) months.

3. In defining an offence in accordance with paragraph 1 of this article, it does not matter whether the national legislation of the Contracting States classifies the act constituting the offence into a similar category of offences or whether the offence is designated by the same or different terminology.

4. If extradition of a person is requested for violation of any legislation relating to taxation, customs duties, currency control or other matters related to income, extradition may not be refused on the grounds that the national legislation of the Requested Contracting State does not provide for a similar type of tax or duty or does not contain any provision. on taxes, customs duties or currency exchange, similar to that which is available in the national legislation of the Requesting Contracting State.

5. Extradition is carried out if the offence was committed outside the territory of the Requesting Contracting State, provided that the national legislation of the Requested Contracting State provides for criminal prosecution for offences committed outside its territory under the same circumstances.

6. If the request for the extradition of a person relates to two or more offences, each of which is punishable under the national legislation of both Contracting States and some of which do not contain the features provided for in paragraphs 1 and 2 of this Article, the requested Contracting State may authorize the extradition of the person in respect of all offences.

Article 3

Mandatory grounds for refusal of extradition

The issue is refused if:

(a) The offence for which extradition is requested is considered by the requested Contracting State to be a political offence. For the purposes of this Treaty, the following crimes are not considered political in nature:

i) murder or causing death by negligence;

ii) a crime involving the use of firearms, explosives, incendiary or destructive devices or substances that have caused death, serious injury to health or serious property damage;

(iii) Crimes related to terrorism, which, at the time of sending the request, are not recognized as political crimes in accordance with the national legislation of the Requested Contracting State.;

(iv) Abduction of a minor, abduction of a person, unlawful deprivation of liberty or unlawful detention, including hostage-taking;

(v) Any other crime for which both Contracting States are required by a multilateral international treaty either to extradite the wanted person or to transfer the case to the competent authorities for a decision on criminal prosecution.;

(b) The requested Contracting State has reasonable grounds to believe that the extradition request is for a common criminal offence for the purpose of prosecuting or punishing a person on the basis of race, religion, nationality, sex, social status, ethnicity, political beliefs, or that the situation of that person may be significantly worsened for these reasons.;

(c) The offence for which extradition is requested is punishable by death under the national law of the Requesting Contracting State, but is not punishable by death under the national law of the Requested Contracting State, unless the Requesting Contracting State provides the requested Contracting State with sufficient guarantees that the death penalty will be imposed on the person whose extradition is requested., will not be assigned, and if assigned, will not be executed;

(d) At the time of receipt of the request, criminal prosecution under the national law of the Requested Contracting State cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other reasons in accordance with the national law of the Requested Contracting State. When calculating the limitation periods, the Requested Contracting State must take into account any actions or circumstances related to the interruption or suspension of these periods that have arisen in the territory of the Requesting Contracting State.;

(e) The person whose extradition is requested has already been convicted of the same acts by the competent authorities of the Requested Contracting State.;

(f) The requested Contracting State considers that the extradition of the person may prejudice its sovereignty, national security, public order or other essential interests, or is contrary to its national legislation or international obligations;

g) the crime is solely related to the violation of military service.

Article 4

Optional grounds for refusal of extradition

Extradition may be refused on the basis of any of the following circumstances:

(a) If the offence for which extradition is requested has been committed in the territory of the Requested Contracting State and falls under its jurisdiction, and the wanted person is under investigation and will be prosecuted by the competent authorities of the Requested Contracting State for the same offence for which extradition has been requested;

(b) If the Requested Contracting State, taking into account the gravity of the offence and the interests of the Requesting Contracting State, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, health or other personal circumstances of the person sought. In these cases, instead of refusing extradition, the Requested Contracting State has the right to delay extradition until the reasons for believing that extradition will have serious consequences for the wanted person are eliminated. For this purpose, the Requested Contracting State must consult with the Requesting Contracting State before making a decision.;

(c) The offence for which extradition has been requested was committed outside the territory of the Requested Contracting State, but was directed against its interests.

Article 5

Extradition of own citizens

1. The extradition of own nationals of the Contracting States is not allowed.

2. The requested Contracting State, at the request of the Requesting Contracting State, shall prosecute a person or enforce an effective sentence imposed by the Requesting Contracting State in accordance with its national legislation. For this purpose, the requesting Contracting State, through the central authorities referred to in article 6 of this Treaty, shall provide the criminal case, court decisions, evidence and any other relevant documents and information at its disposal.

3. The requested Contracting State shall promptly inform the Requesting Contracting State of the actions taken in response to the request for judicial proceedings in the case and of the final procedural decision taken.

4. If the person to be extradited acquired the nationality of the Requested Contracting State prior to the transfer, the provisions of paragraph 2 of this article shall apply.

Article 6

Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly or through diplomatic channels.

2. The central authorities are:

for the Republic of Kazakhstan - the Prosecutor General's Office;

for the Republic of India - the Ministry of Foreign Affairs.

Each Contracting State shall inform the other through diplomatic channels of any changes and additions regarding the central authorities.

Article 7

Request for extradition and attached documents

1. An extradition request shall be made in writing and contain the following:

a) first and last name, date of birth, gender, nationality, information about the identity document and any other information that may contribute to the identification of the wanted person and his location, as well as, if available, identification data, photographs and fingerprints;

(b) Information on the circumstances of the crime for which extradition is requested, indicating the date and place of its commission;

(c) The text of the relevant law in connection with which extradition is requested, qualifying the crime and the penalty provided for such crime;

(d) The text of the relevant law in connection with which extradition is requested, relating to the limitation of the time of criminal prosecution or execution of punishment, and information on its application in relation to the crime;

(e) The text of the relevant law providing for the jurisdiction of the Requesting Contracting State for the offence for which extradition is requested, which was committed outside the territory of the Requesting Contracting State.

2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:

a) an original or copy of the decision on the qualification of the suspect's act or the indictment, arrest warrant or other decision having the same force, issued in accordance with the national legislation of the Requesting Contracting State and certified by its court/competent authority, if the request is related to criminal prosecution;

(b) A copy of the final judgment of the court certified by the competent authority of the Requesting Contracting State and a document indicating the period of the sentence that has already been served and is yet to be served, if the request is related to the execution of the sentence.

3. If a person has been convicted in absentia, extradition may be granted if the Requesting Contracting State provides the requested Contracting State with guarantees that the person has the right to judicial review, guaranteeing the right to protection.

Article 8

Additional information

1. If the information accompanying the extradition request is insufficient for the Requested Contracting State to make a decision in accordance with this Treaty, the Requested Contracting State may request additional information. The requested additional information must be provided in each case within the time limits agreed by the parties.

2. If the wanted person is under arrest and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person upon receipt of the requested additional information in the future.

3. If the wanted person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting State must, within three (3) days from the date of release, inform the Requesting Contracting State accordingly.

Article 9

The validity of documents

1. Documents certified by the central or authorized authorities of the Contracting States must be acceptable in the extradition procedure of the wanted person without further certification, authentication or legalization.

2. The request for extradition of the wanted person and the necessary documents must be drawn up in the language of the Requesting Contracting State and accompanied by a certified translation into the language of the Requested Contracting State or into English.

Article 10

Decision on the extradition request

1. The requested Contracting State shall decide on the extradition request in accordance with the provisions of this Treaty and its national legislation, and shall promptly inform the Requesting Contracting State of its decision.

2. If the requested Contracting State refuses the extradition request in whole or in part, it must justify its decision.

3. In case of refusal of extradition due to the lack of necessary documents, the requesting Contracting State has the right to send a new extradition request. When submitting a new extradition request, these requirements must be taken into account.

4. The requested Contracting State, in accordance with its national legislation, shall grant a request for the extradition of a wanted person after receiving a request for preliminary arrest from the Requesting Contracting State, provided that the wanted person voluntarily consents to his extradition to the competent authority of the Requested Contracting State. Such consent cannot be revoked.

Article 11

Special rule

1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, other than the one for which he was extradited, except in the following cases: $

(a) If the person has waived the guarantees provided for in paragraph 1 of this article;

b) if the crime is committed after extradition;

(c) If the extradited person has left the territory of the Requesting Contracting State after his extradition and returned voluntarily;

d) if the extradited person has not left the territory of the Requesting Contracting State within thirty (30) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person could not leave the territory of the Requesting Contracting State for reasons beyond his control.;

e) if the requested Contracting State has given its consent to this, for which a request is sent with the attachment of the documents specified in Article 7 of this Treaty and a statement made by the said person on this issue. The requested Contracting State agrees if, in each specific case, the conditions for extradition established by this Treaty are met. Pending a decision on the request, the extradited person may be detained in the Requesting Contracting State in accordance with its national legislation.;

(f) For a crime with a different name but based on the same facts as the crime for which extradition was granted, provided that such crime is a less serious form of the original crime or it entails extradition.

2. In accordance with this Treaty, without the consent of the Requested Contracting State, the Requesting Contracting State may not extradite or transfer a person to a third State for any crime committed prior to his extradition.

3. The requested Contracting State has the right to request the provision of the documents specified in Article 7 of this Treaty.

Article 12

Simplified issuance

If the wanted person agrees to be extradited, the requested Contracting State may, if required by national law, extradite that person to the Requesting Contracting State as soon as possible without further procedures.

Article 13

Preliminary arrest

1. Upon a request for preliminary arrest of the Requesting Contracting State, the wanted person may be arrested by the competent authorities of the Requested Contracting State prior to receiving the extradition request.

2. A request for pre-trial arrest may be sent directly between central authorities or with the assistance of the International Criminal Police Organization (INTERPOL) and may be transmitted using electronic means of communication. The original request must be sent simultaneously by mail.

3. The request for preliminary arrest must contain:

a) a description of the wanted person, including identification data and information about his nationality;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) Information about an existing court decision or arrest warrant against the wanted person or an existing sentence; and

(f) Guarantees that the request for extradition of the wanted person will be submitted as soon as possible.

4. The requested Contracting State shall immediately inform the Requesting Contracting State of the results of the examination of its request.

5. The arrested person is subject to release if, within the time limit established by the national legislation of the Requested Contracting State for preliminary arrest, the Requesting Contracting State fails to submit an extradition request and the necessary documents specified in Article 7 of this Treaty.

Such release of a person does not preclude re-arrest for the purpose of extradition if the requested Contracting State subsequently receives an extradition request.

Article 14

Requests from several States for extradition

1. If the Requested Contracting State receives requests for extradition of the same person from two or more States, including the Requesting Contracting State, for the same or for different offences, the Requested Contracting State shall decide which State to extradite that person to.

2. When making a decision in accordance with paragraph 1 of this Article, the requested Contracting State must take into account all relevant circumstances, including:

a) has the request been sent in accordance with an international agreement;

(b) The place and time of the commission of the crime;

(d) The severity of the offences;

e) the nationality of the wanted person;

(f) The possibility of subsequent extradition between the requesting States or any other State; and

g) the dates of receipt of requests.

Article 15

Transfer of the issued person

1. If the extradition request is granted, the Contracting States shall immediately agree on the date, place and any other relevant conditions related to the transfer. The requesting Contracting State shall be informed of the length of the period during which the wanted person was held in custody for the purpose of extradition. This period is deducted from the term of possible imprisonment.

2. The time period for the transfer of the extradited person is thirty (30) days from the date of the final decision on granting the extradition request.

3. If, during the period specified in paragraph 2 of this Article, the Requesting Contracting State does not accept the extradited person, the requested Contracting State shall immediately release that person and shall have the right to reject a new extradition request against that person for the same offence, except in cases where paragraph 4 of this article applies.

4. In circumstances beyond the control of the Contracting States that prevent the transfer or receipt of the extradited person, the central authorities must agree on a new date and other necessary conditions for the transfer. In this case, the provisions of paragraph 3 of this article shall apply.

5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court sentence and returned to the territory of the Requested Contracting State, that person may be re-extradited on the basis of a new extradition request. In this case, the documents listed in article 7 of this Treaty do not need to be attached to the extradition request.

Article 16

Postponement or temporary release

1. If a wanted person is being prosecuted in the Requested Contracting State or is serving a sentence for committing a crime other than the one for which extradition is requested, the Requested Contracting State has the right, after deciding on the extradition of the person, to delay his transfer until the end of the trial or until the full execution of the sentence. In the event of such a delay, the Requested Contracting State shall immediately notify the Requesting Contracting State.

2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, the Requested Contracting State may, at the request of the Requesting Contracting State, temporarily extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be detained during the period of his stay in the territory of the Requesting Contracting State and be transferred back to the Requested Contracting State within the time period agreed by the parties. The time spent in custody of a person shall be counted towards the total period of execution of the sentence of the court of the Requested Contracting State.

3. The transfer of an extradited person may also be postponed if, due to the person's state of health, it may endanger his life or worsen his state of health. In this case, the Requested Contracting State must provide the Requesting Contracting State with a detailed medical report issued by its competent medical institution.

Article 17

Seizure and transfer of objects, documents and evidence

1. At the request of the Requesting Contracting State, the requested Contracting State must, in accordance with its national legislation, seize, confiscate and transfer any items, documents and evidence found on its territory that have been obtained as a result of a crime or may serve as evidence.

In this case, the items, documents and evidence are transferred to the Requesting Contracting State, if possible, during the transfer of the extradited person.

2. With the consent of the Requested Contracting State, the items, documents and evidence referred to in paragraph 1 of this Article may be transferred at the request of the Requesting Contracting State, even if extradition is impossible due to the death or escape of the extradited person.

3. For the purpose of conducting other criminal proceedings, the requested Contracting State may temporarily delay the transfer of the items, documents and evidence referred to in paragraph 1 of this Article or transfer them on the terms of return.

4. The transfer to the Requesting Contracting State of seized or confiscated items, documents and evidence shall be carried out without prejudice to the rights of the Requested Contracting State or third parties. At the request of the Requested Contracting State or a third Party, the Requesting Contracting State shall return the received items, documents and evidence free of charge as soon as possible.

Article 18

Transit

1. The Contracting States, in accordance with their national legislation and without prejudice to their interests, have the right to allow the transit through their territory of persons extradited to another Contracting State by a third State.

2. To this end, the Requesting Contracting State shall send to the Requested Contracting State, through a central authority or, in urgent cases, through the International Criminal Police Organization (INTERPOL), a transit request containing the identification data of the person being transported, information on his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition.

3. The requested Contracting State must detain the person being transported within its territory.

4. A transit permit is not required if it is carried out by air and landing on the territory of the transit State is not provided. In the event of an unplanned landing on the territory of the transit State, the transit State shall immediately notify the transit State, and the transit State shall detain the person being transported for up to fifteen (15) days pending a transit request.

5. If no transit request is received within the time limits specified in paragraph 4 of this Article, the person shall be released, unless otherwise agreed by the Contracting States.

Article 19

Expenses

1. The costs associated with the implementation of this Treaty shall be covered in accordance with its national legislation by the Contracting State in whose territory they originated. The costs associated with the transfer of the extradited person shall be borne by the Requesting Contracting State.

2. The costs of transit shall be borne by the Requesting Contracting State.

3. The costs of detaining a person during his transit shall be borne by the Requested Contracting State.

Article 20

Informing about the results

The requesting Contracting State shall provide the Requested Contracting State with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person, or information on the extradition of the extradited person to a third State.

Article 21

The relationship of this Treaty with other international treaties

This Treaty does not affect the rights and obligations of the Contracting States arising from other international treaties to which they are parties.

Article 22

Dispute resolution

Any differences arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 23

Final provisions

1. This Treaty is subject to ratification.

2. This Treaty shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Contracting States have completed the internal procedures necessary for its entry into force.

3. This Treaty may be amended and supplemented by mutual agreement of the Contracting States, which are its integral parts, which are formalized in separate protocols and enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

4. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification to the other of its intention to terminate this Treaty.

5. In the event of termination of this Agreement, any extradition procedures initiated during its validity period shall remain in force until they are fully implemented.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

Committed in ___________________ in two copies, each in Kazakh, Hindi and English, all texts being authentic.

In case of discrepancies between the texts of this Agreement, the English text shall prevail.

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For the Republic of Kazakhstan

For the Republic of India

President

Republic of Kazakhstan

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