Extradition Act, 1962

CHAP Preliminary 1. Short title, extent and commencement.Ā

In this Act, unless the context otherwise requires,-- *The provisions of the Act, other than Chapter III, shall apply toĀĀ Papua New Guinea w.e.f. 1-9-1978, vide Notifn. No. G.S.R. 433 (E), dated 17.8.1978, Gaz.Ā of India ,Ā Exty.,Ā Pt. II, Sec. 3(i), p. 748. *The provisions of the Act, other than Chapter III, shall apply to Fiji w.e.f. 1-2-1979, vide Notifn. No. G.S.R. 38(E), dt. 22-1-1979 , Gaz. Of India , Exty., Pt. II, Sec. 3(i), p. 58. *The provisions of The Act, other than Chapter III, shall apply to the Commonwealth of Australia w.e.f. 30.8.1971, vide Notifn. No. G.S.R. 1381, dt. 30.8.1971, Gaz.Ā of India,Ā Exty., Pt. II, Sec. 3(i), p-895.

CRIMINALS TO FOREIGN STATES 2*** TO WHICH 4. Requisition for surrender. A requisition for the surrender of a fugitive criminal of a foreign State 3***ĀĀ may be made to the Central Government--

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 the offence if it had been an offence committed within the local limits of his jurisdiction, directing him to inquire into the case.

arrest.Ā 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.

magistrate.Ā

criminal. If, upon receipt of the reportĀ andĀ statementĀ underĀ sub-sectionĀ (4)Ā ofĀ sectionĀ 7,Ā theĀ CentralĀ Government isĀ of opinionĀ that theĀ fugitiveĀ criminalĀ oughtĀ toĀ beĀ surrendered to the foreign State 1***,Ā it may issue a warrant for theĀ custody and removal of the fugitive criminal and for his delivery at aĀ place and to a person to be named in the warrant.

to issue warrant of arrest in certain cases.

evidenceĀ ofĀ exhibits,Ā depositionsĀ andĀ other documents and authentication thereof. 1.ĀĀ Omitted by Act 66 of 1993, s. 3 (w.e.f. 18-9-1993 ). 2.ĀĀ Omitted by s. 7. ibid (w.e.f 18-12-19930.

to foreign states countries to which Chapter III applies. Nothing contained in this Chapter shall apply to fugitiveĀ criminals 1*** to which Chapter III applies.

CRIMINALS TO [FOREIGN STATES] 2* WITH EXTRADITION ARRANGEMENTS 12. Application of Chapter.

fugitive criminals from foreign states to be apprehended and returned.Ā Where a fugitive criminal of any 3*[foreign state]ĀĀ to which this Chapter applies is found in India, he shall be liable to be apprehended and returned in the manner provided by this Chapter to that 3*[foreign state].

provisional warrants. A fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant.

apprehension of fugitive criminal. WhereĀ a warrantĀ for the apprehension of a fugitive criminal has been issued in any 3*[foreign state]ĀĀ toĀ whichĀ thisĀ Chapter appliesĀ andĀ such fugitive criminalĀ is, orĀ is suspectedĀ to be,Ā in India, the Central Government may,Ā if satisfiedĀ that the warrant was issued by a personĀ having lawful authority to issue the same, endorse such warrant in theĀ manner prescribed,Ā and theĀ warrant soĀ endorsed shallĀ be sufficientĀ authority toĀ apprehend theĀ person namedĀ in the warrant and to bring him before and magistrate in India. Chapter III - Return of fatitive criminals to foreign state with extradition arrangements.)

for apprehension of fugitive criminal.

fugitive criminal when apprehended.

fugitiveĀĀ criminal by warrant.Ā TheĀ CentralĀ Government may,Ā at anyĀ timeĀ afterĀ aĀ fugitiveĀ criminalĀ hasĀ been committed to prison under this Chapter, issue (Chapter III Return of fugitive criminals to foreign states with extradition arrangements.Ā

Surrender or return of accused or accused or convicted persons from foreign States. a warrantĀ for theĀ custody andĀ removal toĀ the commonwealthĀ country concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.

ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES 1*** 20. Conveyance of accused or convicted person surrendered or returned. AnyĀ person accusedĀ or convictedĀ of an extradition offence who is surrendered or returned by a foreign State or 2***Ā may, under the warrant of arrest for his surrender or return issued in such State or country,Ā beĀ broughtĀ intoĀ IndiaĀ andĀ deliveredĀ toĀ theĀ proper authority to be dealt with according to law.

convicted person surrendered or returned by foreign State not to be tried for certain offences.Ā WheneverĀ any person accusedĀ or convictedĀ of anĀ offence, which,Ā if committedĀ in India would be an extradition offence, is surrendered or returned by a foreign State,Ā such personĀ shall not,Ā until he has been restored or has hadĀ an opportunityĀ of returning to that State, be tried in India for an offence other than--

fugitiveĀĀ criminals toĀĀ be arrested and surrendered or returned. EveryĀ fugitive criminalĀ of a foreign StateĀ 1*xxx shall,Ā subject toĀ the provisionsĀ of this Act, be liable to beĀ arrested andĀ surrendered orĀ returned, whether the offence in respectĀ of whichĀ the surrenderĀ or returnĀ is soughtĀ was committed before orĀ after theĀ commencement ofĀ this Act,Ā and whetherĀ or notĀ a court in India has jurisdiction to try that offence.

offences committed at sea or in air. WhereĀ the offenceĀ in respect of which the surrender or return of a fugitive criminal isĀ sought was committed on board any vessel on the high seas or anyĀ aircraftĀ whileĀ inĀ theĀ airĀ outsideĀ IndiaĀ orĀ theĀ IndianĀ territorial watersĀ which comesĀ into anyĀ port or aerodrome of India, the CentralĀ Government and any magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this Act.

apprehended if not surrendered or returned within two months. if a fugitive criminal who, in pursuance of thisĀ Act, hasĀ been committedĀ to prison to await his surrender or return toĀ any foreign State 1*xxx is not conveyed out of India within two months after such committal, the High Court, upon application made to itĀ by orĀ on behalfĀ of theĀ fugitive criminal and upon proof that reasonable noticeĀ of theĀ intention to make such application has been given toĀ the CentralĀ Government,Ā mayĀ orderĀ suchĀ prisonerĀ toĀ be discharged unless sufficient cause is shown to the contrary.

arrested on bail. In the case of a person who isĀ a fugitiveĀ criminal arrestedĀ or detained under this Act, the provisions ofĀ the 2*[CodeĀ of CriminalĀ Procedure, 1973]Ā (2 of 1974) relating to bail shall apply in the same manner as they would apply if such personĀ were accusedĀ of committing in India the offence of which he is accused or has been convicted, and in relation to such bail, the magistrate before whom the fugitive criminal is brought shall have, as far asĀ may be, the same powers and jurisdiction as a court of session under that Code.

extradition Offences. A fugitive criminal who is accused or convicted of abetting 1*[,conspiring, attempting to commit, inciting orĀ participating as an accomplice in the commissionĀ of] any extradition offence shall be deemed for the purposes of this Act to be accused orĀ convicted ofĀ having committedĀ such offenceĀ and shall be liable to be arrested and surrendered accordingly.

re-taking on escape from custody under warrants. ItĀ shall beĀ lawful forĀ any personĀ to whomĀ a warrantĀ is directed forĀ the apprehensionĀ of aĀ fugitiveĀ criminalĀ toĀ holdĀ in custody andĀ convey theĀ person mentionedĀ in the warrant to the place named in the warrant, and if such person escapes out of any custody to which heĀ may be delivered in pursuance of such warrant, he may be re taken asĀ a personĀ accused of an offence against the law of India may be re-taken upon an escape.

fugitive criminal . Everything found in the possession ofĀ a fugitive criminal at the time of his arrest which may be materialĀ as evidenceĀ in provingĀ the extraditionĀ offence mayĀ be delivered upĀ with theĀ fugitive criminalĀ on his surrender or return, subject to the rights, if any, of third parties with respect thereto.

Government to discharge any fugitive criminal. IfĀ it appearsĀ to theĀ Central Government that by reason ofĀ the trivial nature of the case or by reason of the application for theĀ surrender orĀ return ofĀ a fugitiveĀ criminal not being madeĀ in goodĀ faith orĀ in theĀ interests ofĀ justice orĀ for politicalĀ reasonsĀ orĀ otherwise, itĀ is unjustĀ or inexpedientĀ to surrenderĀ or returnĀ theĀ fugitive criminal,Ā it may, by order, at any time stay any proceedings under thisĀ Act andĀ direct anyĀ warrant issued or endorsed under this Act toĀ be cancelledĀ and theĀ person for whose arrest the warrant has been issued or endorsed to be discharged.

requisitions.Ā If requisitions for the surrender of aĀ fugitive criminal are received from more than one foreign StateĀ 2***,Ā theĀ Central Government may, having regard to the circumstances of theĀ case, surrender the fugitive criminal to such State or country as that Government thinks fit.

surrender. 3* [(1)] A fugitive criminal shall not be surrendered or returned to a foreign State 4***.

to apply without any modification thereof. Notwithstanding anythingĀ to theĀ contrary containedĀ in sectionĀ 3 or section 12,Ā the provisionsĀ of sections 29 and 31 shall apply without any modification to every foreign State 1*xxx.

the Foreigners Act, 1946. Nothing in this Act shall affect the provisions of the Foreigners Act. 1946, (31 of 1946), or any order made there under.

territorial jurisdiction.Ā An extraditionĀ offence committed byĀ any personĀ in aĀ foreign StateĀ shall be deemed to have been committedĀ in IndiaĀ andĀ suchĀ personĀ shallĀ beĀ liableĀ toĀ be prosecuted in India for such offence.

andĀĀ 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.

savings.Ā