India is still one of the main destinations for young Israeli travellers, particularly after their army service: Goa, Manali, Kasol and the Himalayas. A good number of Israelis are arrested there, sometimes over a small quantity of drugs, sometimes over a magazine forgotten in a bag and found at the airport. For the family in Israel it is a frightening situation, with a distant country, a slow legal system and a different language. This page explains what Indian law provides, why cases there take so long, and what can be done from the first day.
Representing Israelis arrested in India
I have practised criminal law, extradition and international crime since 1998, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. In a case that is conducted in India, representation in court is provided by an Indian lawyer. Our firm manages the strategy, the contact with the family in Israel and the work with the authorities here, including requests to transfer a prisoner to serve the sentence in Israel.
India’s drug law: why even a small quantity is serious
Drug offences in India are governed by the NDPS Act of 1985, and the punishment depends on the quantity. For a small quantity, the penalty can reach one year’s rigorous imprisonment, a fine of up to 10,000 rupees, or both. For a quantity between small and commercial, it can reach ten years’ imprisonment. For a commercial quantity, the range is between ten and twenty years’ imprisonment together with a heavy fine. The line between these categories is drawn by the type of drug and its weight, so the quantity and the way it was weighed are often the central question in the case.
In the serious offences, and in every case involving a commercial quantity, section 37 of the Act makes bail very hard to obtain. The court must be satisfied that the accused is probably not guilty and will not commit an offence while on release. As a result, a person arrested in a case of this kind may wait in custody for a long time, and trials in India move slowly. With small quantities the position is different, and proper representation from the first hearings can shorten the process considerably.
Not only drugs
Israelis are also arrested in India over things that would not raise a question in Israel, such as ammunition or a magazine forgotten in a suitcase and found during an airport check. In these cases too, it matters to explain quickly, and in an orderly way, how the item came to be in the bag and why there was no criminal intent.
Serving the sentence in Israel, and extradition between the two countries
In 2012 Israel and India signed an agreement on the transfer of prisoners. An Israeli who has been tried and convicted in India can ask to be transferred to serve the sentence in Israel, with the consent of both states. A prisoner who is transferred becomes an Israeli prisoner in every respect, with family visits, furloughs and early release under Israeli law.
In the same year an extradition treaty was also signed between Israel and India. A person who is in Israel and whose extradition India requests will go through proceedings before the Jerusalem District Court, and a citizen and resident of Israel is extradited only on condition that the person is returned to serve in Israel any prison sentence that may be imposed.
What our representation covers
- An immediate response to the family, establishing where the person is held and what the suspicion is
- Working with an Indian criminal lawyer from the first hearing
- Coordination with the Israeli embassy and consulate
- Handling the request for transfer to serve the sentence in Israel
- Representation in Israel in extradition requests made by India
- Support for the family throughout proceedings that may last a long time
Why early action matters
In India the case is built in the first days: what was written in the report, how the drug was weighed and what was signed. After that it is very difficult to change. If a member of your family has been arrested in India, contact us straight away, including at night. We can be reached 24/7 on +972-3-6969080. For arrests elsewhere in the region, see also our page on criminal cases in Thailand.
Frequently asked questions
I was arrested in India with a small quantity of drugs. What is the penalty?
Under the NDPS Act, for a small quantity the penalty can reach one year’s rigorous imprisonment, a fine of up to 10,000 rupees, or both. What counts as a small quantity depends on the type of drug and its weight.
Why is bail so hard to obtain in India?
In serious drug offences and in cases involving commercial quantities, section 37 of the Act requires the court to be satisfied that the accused is probably not guilty and will not commit an offence while on release. That is a very high threshold.
Can the sentence be served in Israel?
Yes. In 2012 Israel and India signed an agreement on the transfer of prisoners. A transfer requires the consent of both states.
Do Israel and India extradite to each other?
Yes. An extradition treaty was signed between the two countries in 2012. A request from India to Israel is heard by the Jerusalem District Court.
Can an Israeli lawyer represent me in an Indian court?
No. Representation is by an Indian lawyer. We manage the strategy, the contact with the family and the Israeli side of the case.
Official legal sources
- The Narcotic Drugs and Psychotropic Substances Act, 1985 (India Code)
- Treaty database of the Ministry of External Affairs of India
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עורך דין פלילי בהודו.
