What Happens to Foreigners Who Get Arrested in India
Foreign nationals in India are subject to Indian criminal law in the same way as Indian citizens — they can be arrested, charged, tried, and imprisoned under Indian criminal law for offences committed on Indian territory. However, foreigners have specific additional rights under international law and Indian domestic law that apply specifically to non-citizen detainees. The most important is consular access: the Vienna Convention on Consular Relations (1963), to which India is a party, requires that when a foreign national is arrested, the arresting authorities must "without delay" inform the person of their right to have their consulate notified; if the person requests it, the consulate must be notified promptly. In practice — as documented by the Commonwealth Human Rights Initiative (CHRI) — only 5.7% of foreign prisoner cases involved actual consular access (2018 data); the gap between legal entitlement and administrative reality is wide. Representational Graphic: What Hap...