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EXTRADITION ACT

Ministry of Law and Justice

Act nº 34 of 1962


  • Chapter I
  • Chapter II. Extradition of Fugitive Criminals to Foreign State [Omitted] to Which Chapter Iii Does Not Apply
  • Chapter III. Return of Fugitive Criminal to Foreign States with Extradition Arrangements
  • Chapter IV. Surrender Or Return of Accused Or Convicted Persons from Foreign State [Omitted]
  • Chapter V
  • Schedules
  • Act nº 34 of 1962

Preamble

THE EXTRADITION ACT, 1962

[Act, No 34 of 1962]

[15th September, 1962]

PREAMBLE

An Act to consolidate and amend the law relating to the extradition of fugitive criminals1[and to provide for matters connected there­with or incidental thereto.]

Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows :

1. Added by Act No. 66 of 1993, Section 2 (w.e.f. 18th December, 1993).


Chapter I

Section 1. Short title, extent and commencement

This Act may be called the Extradition Act, 1962.

(2) It extends to the whole of India.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1.5th January, 1963, vide Notification NO. G.S.R. 55, dated 5th January, 1963, published in the Gazette f India, Extraordinary, Pt. 11, Section 3 (i), p. 7.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

1[(a) "composite offence" means an act or conduct of a person occurred, wholly or in part, in a foreign State or in India but its effects or Intended effects, taken as a whole, would constitute an extradition offence In India or in a foreign State, as the case may be;]

(b) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "person accused" includes a person so convicted for contumacy ;

1[(c) "extradition offence" means--

(i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;

(ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;]

(d) "extradition treaty" means a treaty2[agreement or arrangement) made by India with a foreign State Relating to the extradition of fugitive criminals, and includes any treaty2[agreement or arrangement] relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India;

(e) "foreign State" means any State outside India3[* * * * *], and includes every constituent part, colony or dependency of such State:

1[(f) "fugitive criminal" means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;]

(g) "Magistrate" means a Magistrate of the first class or a Presidency Magistrate ;

(h) "notified order" means an order notified in the official Gazette;

(i) "prescribed" means prescribed by rules made under this Act; and

(j) "treaty State" means a foreign State with which an extradition treaty is in operation.

1. Substituted by Act No. 66 of 1993, Section 4 (w.e.f. 18th December, 1993).

2. Substituted by Section 4, Act No. 66 of 1993, for the words "or agreement" (w.e.f. 18th December, 1993).

3. Omitted by Act No. 66 of 1993, Section 54, (w.e.f. 18th December, 1993).


Section 3. Application of the Act

1[(1) The Central Government may, by notified order, direct that the provisions of this Act, other than

Chapter III, shall apply to such foreign State or part thereof as may be specified in the order.]

(2) The Central Government may, by the same notified order as is referred to in sub-section (1) or any subsequent notified order, restrict such application to fugitive criminals found, or suspected to be, in such part of India as may be specified in the order.

(3) Where the notified order relates to a treaty State--

(a) it shall set out in full the extradition treaty with that State ;

(b) it shall not remain in force for any period longer than that treaty: and

(c) the Central Government may, by the same or any subsequent notified order, render the application of this Act subject to such modifications, exceptions, conditions and qualifications as may be deemed expedient for implementing the treaty with that State.

2[(4) Where there is no extradition treaty made by India with any foreign State, the Central Government may, by notified order, treat any convention to which India and a foreign State are parties, as an extradition treaty made by India with that foreign State providing for extradition in respect of the offences specified in that Convention.]

1. Substituted by Act No. 66 of 1993, section 5 (w.e.f. 18th December, 1993).

2. Inserted by Act No. 66 of 1993, Section 5 (w.e.f. 18th December, 1993).


Chapter II
Extradition of Fugitive Criminals to Foreign State [Omitted] to Which Chapter Iii Does Not Apply

1. Omitted by Act 66 of 1933, Section 6 (w.e.f. 18th December, 1993).


Section 4. Requisition for surrender

A requisition for the surrender of a fugitive criminal of a foreign State1[* * * * *] may be made to the Central Government--

(a) by a diplomatic representative of the foreign1[* * * * *] at Delhi; or

(b) by the Government of that foreign State1[* * * * *] communicating with the Central Government through its diplomatic representative in that State or country;

and if neither of these modes is convenient, the requisition shall be made in such other mode as is settled by arrangement made by the Government of the foreign State1[* * * * *] with the Government of India.

1. Omitted by Act 66 of 1993, Section 3.


Section 5. 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 the offence if it had been an offence committed within the local limits of his jurisdiction directing him to inquire into the case.

Section 6. 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.

Section 7. Procedure before Magistrate

(1) When the fugitive criminal appears or isbrought before the Magistrate, the Magistrate shall inquire into the case in thesame manner and shall have the same jurisdiction and powers, as nearly as maybe, as if the case were one triable by a Court of Session or High Court.

(2) Without prejudice to thegenerality of the foregoing provisions, the Magistrate shall, in particular,take such evidence as may be produced in support of the requisition of theforeign State 1 [* * * * *], and on behalf of the fugitive criminal,including any evidence to show that the offence of which the fugitive criminalaccused or has been convicted is an offence of political character or is not anextradition offence.

(3) If the Magistrate is ofopinion that a prima facie case is not made out in support of the requisition ofthe foreign State 1 [* * * * *], he shall discharge the fugitivecriminal.

(4) If the Magistrate is ofopinion that a prima facie case is made out in support of the requisition of theforeign State 1 [* * * * *], he may commit the fugitive criminal toprison to await the orders of the Central Government and shall report the resultof his inquiry to the Central Government, and shall forward together with suchreport, and written statement which the fugitive criminal may desire to submitfor the consideration of the Central Government.

1. Omittedby Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).


Section 8. Surrender of fugitive criminal

If upon receipt of the report and statemnt under sub-section (4) of Section 7, the Central Government, is of opinion that the fugitive criminal ought to be surrendered, to the foreign State1[***], it may issue a warrant for the custody and removal of the fugitive criminal and of his delivery at a place and to a person to be named in the warrant.

1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).


Section 9. Power of Magistrate to issue warrant of arrest in certain cases

(1) Where it appears to any Magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a foreign State1[* * * * *], he may, if he thinks fit, issue a warrant for the arrest of that person on such information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction.

(2) The Magistrate shall forthwith report the issue of a warrant under sub-section (1) to the Central Government and shall forward the information, and the evidence, or certified copies thereof to that Government.

(3) A person arrested on a warrant issued under sub-section (1) shall not be detained for more than three months unless within that period the Magistrate receives from the Central Government an order made with reference to such person under Section 5.

1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).


Section 10. Receipt in evidence of exhibit depositions and other documents and authentication thereof

(1) In any proceedings against a fu­gitive criminal of a foreign State1[* * * * *] under this chapter, exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof and official certificates of facts and judicial documents stating facts may, if duly authenticated, be received as evidence.

(2) Warrants, depositions or statement on oath which purport to have been issued or taken by any Court of Justice outside India or copies thereof, certificates of, or judicial documents stating the facts of conviction before any such Court shall be deemed to be duly authenticated if--

(a) the warrant purports to be signed by a Judge. Magistrate or officer of the State2[* * * * *] where the same was issued or acting in or of such State2[***]

(b) the depositions of statements or copies thereof purport to be certified under the hand of a Judge, Magistrate or officer of the State or country where the same were taken or acting in or for such State or country, to be original depositons or statements or to be true copies thereof, as the case may require ;

(c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State2[* * * * *] where the conviction took place or acting in or for such State ;

(d) the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a Minister of the State2[* * * * *] where the same were3[* * * * *] issued, taken or given.

1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

2. Omitted by Act 66 of 1993, Section 3, for the words "or country".

3. Omitted by Section 7, Act 66 of 1993, (w.e.f. 18th December, 1993), for the Word "respectively".


Section 11. Chapter not to apply to Commonwealth countries to which Chapter III applies

Nothing contained in this chapter shall apply to fugitive criminals1[* * * * *] to which Chapter 111 applies.

1. Omitted by Act 66 of 1993, Section 8 for the word "country" (w.e.f. 18th December, 1993).


Chapter III
Return of Fugitive Criminal to Foreign States with Extradition Arrangements

1. Substituted by Act 66 of 1993, Section 9, for the words "Commonwealth countries".