Short title, extent and commencement
CHAP PRELIMINARY CHAPTER I PRELIMINARYThis Act may be called the Extradition Act, 1962.It extends to the whole of India.It shall come into force on such ...
In this Act, unless the context otherwise requires,--3*[ "composite offence" means an act or conduct of a person occurred, wholly or in part, in a fore...
Application of Act
2*[The Central Government may, by notified order, direct that the provisions of this Act, other than Chapter III, shall apply to such foreign State...
Requisition for surrender
A requisition for the surrender of a fugitive criminal of a foreign State 3*** may be made to the Central Government--By a diplomatic representative of th...
Order for magisterial inquiry
Where such requisition is made, the Central Government may, if it thinks fit, issue an order to any magistrate who would have had jurisdiction to inquire into...
Issue of warrant for arrest
On receipt of an order of the Central Government under section 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal....
Procedure before magistrate
When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the sameIns. by Act 66 of 1993 s. 5 (...
Surrender of fugitive criminal
If, upon receipt of the report and statement under sub-section (4) of section 7, the Central Government is of opinion that the fugitive crimina...
Power of magistrate to issue warrant of arrest in certain cases
Where it appears to any magistrate that a person within the local limits of his jurisdiction is a fugitive criminal of a foreign State 1*** he may, ...
Receipt in evidence of exhibits, depositions and other documents
In any proceedings against a fugitive criminal of a foreign State 1*xxx under this Chapter, exhibits and depositions (whether received or taken in...
Chapter not to apply to foreign states countries
Nothing contained in this Chapter shall apply to fugitive criminals 1*** to which Chapter III applies....
Application of Chapter
This Chapter shall apply only to any such 3*[foreign state] to which, by reason of an extradition arrangement entered into with that 4*[State], it may seem ...
Liability of fugitive criminals from foreign states to be apprehended and returned
Where a fugitive criminal of any 3*[foreign state] to which this Chapter applies is found in India, he shall be liable to be apprehended and returned in the...
Endorsed and provisional warrants
A fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant....
Endorsed warrant for apprehension of fugitive criminal
Where a warrant for the apprehension of a fugitive criminal has been issued in any 3*[foreign state] to which this Chapter applies and such fugitive ...
Provisional warrant for apprehension of fugitive criminal
Any magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any commonwealth country to which this Chap...
Dealing with fugitive criminal when apprehended
If the magistrate, before whom a person apprehended under this Chapter is brought, is satisfied on inquiry that the endorsed warrant for the appr...
Return of fugitive criminal by warrant
The Central Government may, at any time after a fugitive criminal has been committed to prison under this Chapter, issue (Chapter III Return of fugi...
Surrender or return of accused or accused
a warrant for the custody and removal to the commonwealth country concerned of the fugitive criminal and for his delivery at a place and to a person to b...
Conveyance of accused or convicted person surrendered or returned
CHAPTER IV SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES 1***Any person accused or convicted of an extradition offence who is su...
Accused or convicted person surrendered or returned
Whenever any person accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a fo...
Liabilityof fugitivecriminals tobe arrested and surrendered or returned
Every fugitive criminal of a foreign State 1*xxx shall, subject to the provisions of this Act, be liable to be arrested and surrendered or returned, ...
Jurisdiction as to offences committed at sea or in air
Where the offence in respect of which the surrender or return of a fugitive criminal is sought was committed on board any vessel on the high seas or any a...
Discharge of person apprehended if not surrendered or returned within two months
if a fugitive criminal who, in pursuance of this Act, has been committed to prison to await his surrender or return to any foreign State 1*xxx is not conv...
Release of persons arrested on bail
In the case of a person who is a fugitive criminal arrested or detained under this Act, the provisions of the 2*[Code of Criminal Procedure, 1973] (2 o...
Abetment of extradition Offences
A fugitive criminal who is accused or convicted of abetting 1*[,conspiring, attempting to commit, inciting or participating as an accomplice in the commissio...
Lawfulness of and re-taking on escape from custody under warrants
It shall be lawful for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in custody and convey the p...
Property found on fugitive criminal
. Everything found in the possession of a fugitive criminal at the time of his arrest which may be material as evidence in proving the extradition offenc...
Power of Central Government to discharge any fugitive criminal
If it appears to the Central Government that by reason of the trivial nature of the case or by reason of the application for the surrender or return of ...
If requisitions for the surrender of a fugitive criminal are received from more than one foreign State 2***, the Central Government may, having regard to...
Restrictions on surrender
If the offence in respect of which his surrender is sought is of a political character or if he proves to the satisfaction of the magistrate or cour...
Sections 29 and 31 to apply without any modification thereof
32. Sections 29 and 31 to apply without any modification thereof.Notwithstanding anything to the contrary contained in section 3 or section 12, the pro...
Act not to affect the Foreigners Act, 1946
33. Act not to affect the Foreigners Act, 1946. Nothing in this Act shall affect the provisions of the Foreigners Act. 1946, (31 of 1946), or any order made...
Extra territorial jurisdiction
34. Extra territorial jurisdiction. An extradition offence committed by any person in a foreign State shall be deemed to have been committed in India...
Prosecution on refusal to extradition
Where the Central Government is of the opinion that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from...
On receipt of an urgent request from a foreign State for the immediate arrest of a fugitive criminal, the Central Government may request the Magi...
Provision of life imprisonment for death penalty
Notwithstanding anything contained in any other law for the time being In force, where a fugitive criminal, who has committed an extradition offence punishab...
Notified orders and notifications to be laid before Parliament
Every notified order made or notification issued under this Act shall, as soon as may be after it is made or issued, be laid before each House of Parliament.S...
Power to make rules
The central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.In particular, and without prejudice...
Repeals and savings
The Indian Extradition Act, 1903 (15 of 1903), and any law corresponding thereto in force at the commencement of this Act in the territories whi...