• Bare Act: Extradition Act, 1962

  • An Act to consolidate and amend the law relating to the extradition of fugitive criminals *[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:-

    *[Inserted by Act 66 of 1993, s. 2]

    CHAPTER I : PRELIMINARY

    1. Short title, extent and commencement.- (1) 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 date as the Central Government may, by notification in the Official Gazette, appoint.

    2. Definitions.- In this Act, unless the context otherwise requires,--

    *[(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;]

    *[Subs. by Act 66 of 1993 s. 4]

    (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;

    *[(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;]

    *[Subs. by Act 66 of 1993 s. 4]

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

    *[Modified by Act 66 of 1993 s. 4]

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

    *[Modified by Act 66 of 1993 s. 4]

    *[(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;]

    *[Substituted by Act 66 of 1993 s. 4]

    (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

    3. Application of Act.- 0 *[(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.]

    *[Subs. by Act 66 of 1993, s. 5 (w.e.f. 18-12-1993)]

    (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

    *[(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.]

    *[Inserted by Act 66 of 1993, s. 5 (w.e.f. 18-12-1993)]

    CHAPTER II : EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATES TO WHICH CHAPTER III DOES NOT APPLY

    *[7. Procedure before magistrate. - (1) When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or High Court.

    (2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may be produced in support of the requisition of the foreign State and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal is accused or has been convicted is an offence of political character or is not an extradition offence.

    (3) If the magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign State, he shall discharge the fugitive criminal.

    (4) If the magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign State, he may commit the fugitive criminal to prison to await the orders of the Central Government, and shall report the result of his inquiry to the Central Government, and shall forward together with such report, any written statement which the fugitive criminal may desire to submit for the consideration of the Central Government.

    *[Modified by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993)]

    *[8. 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 criminal ought to be surrendered to the foreign State, it may issue a warrant for the custody and removal of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.

    *[Modified by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993)]

    *[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 State 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.

    *[Modified by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993)]

    *[11. Chapter not to apply to foreign states countries to which Chapter III applies.- Nothing contained in this Chapter shall apply to fugitive criminals to which Chapter III applies.

    *[Modified by Act 66 of 1993]

    CHAPTER III : RETURN OF FUGITIVE CRIMINALS TO FOREIGN STATES WITH EXTRADITION ARRANGEMENTS

    *[12. Application of Chapter.- (1) This Chapter shall apply only to any such foreign state to which, by reason of an extradition arrangement entered into with that State, it may seem expedient to the Central Government to apply the same.

    (2) Every such application shall be by notified order and the Central Government may, by the same or any subsequent notified order, direct that this chapter and Chapters I, IV and V shall, in relation to any such foreign State apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementing the arrangement

    *[Modified by Act 66 of 1993]

    13. Liability of fugitive criminals from foreign states to be apprehended and returned.- Where a fugitive criminal of any *[foreign state] 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 *[foreign state].

    *[Modified by Act 66 of 1993]

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

    17. Dealing with fugitive criminal when apprehended.- (1) If the magistrate, before whom a person apprehended under this Chapter is brought, is satisfied on inquiry that the endorsed warrant for the apprehension of the fugitive criminal is duly authenticated and that the offence of which the person is accused or has been convicted in an extradition offence, the magistrate shall commit the fugitive criminal to prison to await his return and shall forthwith send to the Central Government a certificate of the committal.

    (2) If on such inquiry the Magistrate is of opinion that the endorsed warrant is not duly authenticated or that the offence of which such person is accused or has been convicted is not an extradition offence, the Magis¬trate may, pending the receipt of the orders of the Central Government detain such person in custody or release him on bail

    (3) The magistrate shall report the result of his inquiry to the Central Government and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of that Government.

    18. 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 a warrant for the custody and removal to the *[foreign state] concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.

    *[Modified by Act 66 of 1993]

    CHAPTER IV : SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES

    20. Conveyance of accused or convicted person surrendered or returned.- Any person accused or convicted of an extradition offence who is surrendered or returned by a foreign State may, under the warrant of arrest for his surrender or return issued in such State or country be brought into India and delivered to the proper authority to be dealt with according to law

    *[Modified by Act 66 of 1993]

    21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences.- Whenever any per¬son accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than-

    (a) the extradition offence in relation to which he was surrendered or returned; or 

    (b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or 

    (c) the offence in respect of which the foreign State has given its consent

    *[Substituted by Act 66 of 1993]

    22. Liability of fugitive criminals to be arrested and surrendered or returned.- Every fugitive criminal of a foreign State or Commonwealth country shall, subject to the provisions of this Act, be liable to be arrested and surrendered or returned, whether the offence in respect of which the surrender or return is sought was committed before or after the commence¬ment of this Act, and whether or not a Court in India has jurisdiction to try that offence.

    23. 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 high seas or any aircraft while in the air outside India or the Indian territorial waters which comes into any port or aerodrome of India, the Central Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this Act.

    24. Discharge of person apprehended if not surrendered or re¬turned 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 is not conveyed out of India within two months after such committal, the High Court upon application made to it by or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Central Govern¬ment may order such prisoner to be discharged unless sufficient cause is shown to the contrary

    *[Modified by Act 66 of 1993]

    25. 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 Code of Criminal Procedure, 1973 (2 of 1974)], relating to bail shall apply in the same manner as they would apply if such person were accused 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 as may be, the same powers and jurisdiction as a Court of Session under that Code.

    *[Modified by Act 66 of 1993]

    26. Abetment of extradition offences.- A fugitive criminal who is accused or convicted of abetting *[conspiring, attempting to commit, inciting or participating as an accomplice in the commission of] any extradition offence shall be deemed for the purposes of this Act to be accused or convicted of having committed such offence and shall be liable to be arrested and surrendered accordingly

    *[Modified by Act 66 of 1993]

    28. 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 offence may be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any, of third parties with respect thereof.

    29. 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 a fugitive criminal not being made in good faith or in the interests of justice or for political reasons or otherwise, it is unjust or inexpedient to surrender or return the fugitive criminal, it may, by order at any time stay any proceedings under this Act and direct any warrant Issued or endorsed under this Act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged.

    30. Simultaneous requisitions.- If requisitions for the surrender of a fugitive criminal are received from more than one foreign State, the Central Government may, having regard to the circumstances of the case surrender the fugitive criminal to such State as that Government thinks fit

    *[Modified by Act 66 of 1993]

    31. Restrictions on surrender.- (1) A fugitive criminal shall not be surrendered or returned to a foreign State or Commonwealth country-

    (a) 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 Court before whom he may be produced or of the Central Govern¬ment that the requisition or warrant for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character ; 

    (b) if prosecution for the offence in respect of which his surrender is sought is according to the law of that State or country barred by time ; 

    *[(c) unless provision is made by that law of the foreign State or in the extradition treaty with the foreign State that fugitive criminal shall not be determined or tried in that State for an offence other than-- 

    (i) the extradition offence in relation to which he is to be surrendered or returned; 

    (ii) any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfuly made; or 

    (iii) the offence in respect of which the Central Government has given its consent;] 

    (d) if he has been accused of some offence in India, not being the offence for which his surrender or return is sought or is undergoing sentence under any conviction in India until after he has been dis¬charged, whether by acquittal or on expiration of his sentence or otherwise ; 

    (e) until after the expiration of fifteen days from the date of his being committed to prison by the Magistrate. 

    *[(2) For the purposes of sub-section (1), the offences specified in the Schedule shall not be regarded as offences of a political character. 

    (3) The Central Government having regard to the extradition treaty made by India with any foreign State may, by notified order, add or omit any offence from the lists given in the Schedule.]

    *[Modified by Act No. 66 of 1993, Section 16 (w.e.f. 18th December, 1993)]

    34. Extra-territorial jurisdiction.- An extradition offence commit¬ted by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence.

    *[Substituted by Act No. 66 of 1993, Section 17 (w.e.f. 18th December, 1993)]

    34A. 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 a foreign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India.

    34B. Provisional arrest.- (1) On receipt of an urgent request from a foreign State for the immediate arrest of a fugitive criminal, the Central Government may request the Magistrate having competent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal.

    (2) A fugitive criminal arrested under sub-section (1) shall be dis¬charged upon the expiration of sixty days from the date of his arrest if no request for his surrender or return is received within the said period.

    34C. 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 punishable with death in India, is surrendered or returned by a foreign State on the request of the Central Government and the laws of that foreign State do not provide for a death penalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for life only for that offence.

    35. 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.

    SCHEDULE
    [See Section 31 (2)]

    Offences which are not to be Regarded as Offences of a Political Character

    The following list of offences is to be construed according to the law in force in India on the date of the alleged offence. Wherever the names of the relevant Acts are not given, the sections referred to are the sections of the Indian Penal Code (45 of 1860):--

    1. Offences under the Anti-Hijacking Act, 1982 (65 of 1982).

    2. Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982).

    3. An offence within the scope of the Convention on the punishment of crimes against Internationally protected persons including diplomatic agents, opened for signature at New York on 14th December, 1973.

    4.An offence within the scope of the International Convention against the taking of hostages opened for signature at New York on 18th December, 1979.

    5. Culpable homicide, murder (Sections 299 to 304).

    6. Voluntarily causing hurt or grievous hurt by a dangerous weapon or means (Sections 321 to 333).

    7. Offences under the Explosive Substances Act, 1908 (6 of 1908).

    8. Possession of a fire-arm or ammunition with intention to endanger life [Section27 of the Arms Act, 1959 (54 of 1959)1.

    9. The use of a fire-arm with intention to resist or prevent the arrest or detention [Section 28 of the Arms Act, 1959 (54 of 1959)].

    10. Causing of loss or damage to property used for public utilities or otherwise with intention to endanger life (Section 425 read with section 440).

    11. Wrongful restraint and wrongful confinement (Sees. 339 to 348).

    12. Kidnapping and abduction including taking of hostages (Sees. 359 to 369).

    13. Offences related to terrorism and terrorist acts [Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987).

    14. Abetting, conspiring or attempting to commit, inciting, participating as an accomplice in the commission of any of the offences listed above.]

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