CHAP

PRELIMINARY

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 2* as the Central Government may, by notification in the Official Gazette, appoint.

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

1. 3*[ "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;] Extended to and brought into force in the State of Skim (w.e.f.7.9.1975) vide Notion.� No.� G.S.R. 495(E), dated 17.9.1975.

*The provisions of the Act, other than Chapter III, shall apply to�� Papua New Guinea w.e.f. 1-9-1978, vide Notifn. No. G.S.R. 433 (E), dated 17.8.1978, Gaz.� of India,� Exty.,� Pt. II, Sec. 3(i), p. 748.

2. "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;

*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.

3. 3* Extradition offence" means-

1. In relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;

2. 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;]

*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.� of India,� Exty., Pt. II, Sec. 3(i), p-895.

1. Added by Act 66 of 1993, s.� 2 (w.e.f.� 18-12-1993)

2. 5th January, 1963; vide Notification No.� G.S.R. 55, dated 5-1-������ 1963, Gazette of India, Extraordinary, Pt. II, Sec. 3(i) p. 7.

3. Subs. by Act 66 of 1993 s. 4, (w.e.f. 18-12-1993)

4. "Extradition treaty" means a treaty 1*[, agreement or arrangement]  made   by  India  with  a  foreign  State relating to  the extradition of fugitive criminals, and includes any  treaty  1*[,  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;

5. "Foreign State" means any State outside India 1*xxx, and includes�� every constituent�� part, colony�� or dependency of such State;

6. 1*[ "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.]

7. "Magistrate" means a magistrate of the first class or a presidency magistrate;

8. "Notified order"   means an order notified in the Official Gazette;

9. "Prescribed" means prescribed by rules made under this Act; and

10. "Treaty State" means a foreign State with which an extradition treaty is in operation.

1. 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 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,-

1. It shall set out in full the extradition treaty with that State;

2. It shall not remain in force for any period longer than that treaty; and

1. Subs. & omitted by Act 66 of 1993, s. 4 (w.e.f. 18-12-1993)

2. Subs. by s. 5 ibid (w.e.f. 18-12-1993)

3. 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.

4. 1*[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.]

CHAPTER II

EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATES 2*** TO WHICH

CHAPTER III

DOES NOT APPLY

4. Requisition for surrender.

A requisition for the surrender of a fugitive criminal of a foreign State 3***�� may be made to the Central Government--

1. By a diplomatic representative of the foreign State 3*** at Delhi; or

2. By the   Government of   that foreign   State   3*** communicating with the Central Government through its diplomatic representative in that State 1***. 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 State 3*** the Government of India.

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.

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.

1. When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same

1. Ins. by Act 66 of 1993 s. 5 (w.e.f. 18-12-1993)

2. Omitted by s. 6, ibid (w.e.f. 18-12-1993)

3. Omitted by s.� 3 ibid.� (w.e.f.� 18-12-1993) manner and� shall have� the same jurisdiction and powers, as nearly as may be,� as if the case were one tribal 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  1***  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 1*xxx, 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, 1***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.

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 1***,� 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.

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 1***   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 1.� omitted by Act 66 of 1993, s. 3 (w.e.f 18-12-1993) 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. Receipt in evidence of exhibits, depositions and other documents and authentication thereof.

10. Receipt in� evidence� of� exhibits,� depositions� and� other documents and authentication thereof.

1. In any proceedings against a fugitive criminal  of  a  foreign  State  1*xxx  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 statements 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--

1. the  warrant   purports  to   be  signed  by  a  judge, magistrate or officer of the State or country where the same was  issued or  acting in  or for  such  State  or country;

2. The depositions or 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 the original depositions or statements or to be true copies thereof, as the case may require;

3. The certificate of, or judicial document stating the fact of,  a conviction  purports to  be certified  by a judge, magistrate  or officer  of the  State or country where the  conviction took  place or  acting in  or for such State;

4. 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 State or country where the same were 2*xxx issued, taken or given.

1.�� Omitted by Act 66 of 1993, s. 3 (w.e.f. 18-9-1993).

2.�� Omitted by s. 7. ibid (w.e.f 18-12-19930.

11. Chapter not to apply to foreign states countries to which Chapter III applies.

Nothing contained in this Chapter shall apply to fugitive� criminals 1*** to which Chapter III applies.

CHAPTER III

RETURN OF FUGITIVE CRIMINALS TO [FOREIGN STATES] 2* WITH EXTRADITION

ARRANGEMENTS

12. Application of Chapter.

1. 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 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 3*[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.

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 manner provided by this Chapter to that 3*[foreign state].

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

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 criminal� is, or� is suspected� to be,� in India, the Central Government may,� if satisfied� that the warrant was issued by a person� having lawful authority to issue the same, endorse such warrant in the� manner prescribed,� and the� warrant so� endorsed shall� be sufficient� authority to� apprehend the� person named� in the warrant and to bring him before and magistrate in India.

1. Omitted by Act 66 1993 s. 8 (w.e.f. 18-12-1993)

2. Subs. by s. 9. ibid (w.e.f 18-12-1993)

3. Subs by s.� 3 ibid.� (w.e.f.� 18-12-1993)

4. Subs s. 10. w.e.f 18-12-1993)

Chapter III - Return of fatitive criminals to foreign state with extradition arrangements.)

1. Any   magistrate  may   issue  a   provisional  warrant  for  the  apprehension of  a fugitive  criminal from any commonwealth country to  which this Chapter applies who is, or is suspected to be, in or on his  way to  India, on  such information  and under  such circumstances  as  would, in  his opinion, justify the issue of a warrant, if the offence  of which  the fugitive  criminal is  accused or has been convicted had  been committed  within  his  jurisdiction  and  such  warrant  may  be executed accordingly.

2. A  magistrate issuing  a provisional  warrant shall forthwith  send  a  report  of  the  issue  of  the  warrant  together  with  the  information or a certified copy thereof to the Central Government, and  the Central  Government may,  if it  thinks fit,  discharge the person apprehended under such warrant.

3. A fugitive criminal apprehended on a provisional warrant may, from time to time, be remanded for such reasonable time, not exceeding seven days at any one time, as under the circumstances seems requisite for the production of an endorsed warrant.

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 magistrate  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 (Chapter III Return of fugitive criminals to foreign states with extradition arrangements.�

19.Chapter IV.- Surrender or return of accused or accused or convicted persons from foreign States.

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 be named in the warrant.

CHAPTER IV

SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN

STATES 1***

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 or 2***� 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.

21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences.�

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 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--

1. the extradition  offence in  relation to  which he  was surrendered or returned; or

2. 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

3. The offence in respect of which the foreign State has given its on sent.]

1. Omitted by Act 66 of 1993 s.� 11 (w.e.f 18-12-1993).

2. Omitted & Subs. by s. 3 ibid. (w.e.f. 18-12-1993).

3. Subs. by s. 12, ibid (w.e.f. 18-12-1993).

CHAPTER V

MISCELLANEOUS

22.� Liability�� of fugitive�� criminals to�� be 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, whether the offence in respect� of which� the surrender� or return� is sought� was committed before or� after the� commencement of� this Act,� and whether� or not� a court in India has jurisdiction to try that offence.

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� 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.

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 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� Government,� may� order� such� prisoner� to� be discharged unless sufficient cause is shown to the contrary.

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 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.

1. Omitted by act 66 of 1993, s. 3 (w.e.f 18-12-1993).

2. Subs. by s. 13, ibid (w.e.f 18-12-1993)

A fugitive criminal who is accused or convicted of abetting 1*[,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.

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� person mentioned� in the warrant to the place named in the warrant, and if such person escapes out of any custody to which he� may be delivered in pursuance of such warrant, he may be re taken as� a person� accused of an offence against the law of India may be re-taken upon an escape.

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 thereto.

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.

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 the circumstances of the� case, surrender the fugitive criminal to such State or country as that Government thinks fit.

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

1. 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 Government 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;-

1. Ins. by s. Act of 66 of 1993 14 (w.e.f 18-12-1993).

2. Omitted by s. 15, ibid (w.e.f 18-12-1993)

3. Renumbered by s. 16 ibid (w.e.f. 18-12-1993).

4. Omitted by s.� 3 ibid. (w.e.f.� 18-12-1993).

2. 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;

3. 1*[unless� provision is made by that law of the foreign State or� in the� extradition treaty� with the� foreign State� that�� the� fugitive�� criminal� shall�� not� be determined or� tried in that State for an offence other than--

1. The extradition offence in relation to which he is to be surrendered or returned;

2. 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

3. The offence in respect of which the Central Government has given its consent;]

4. 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 discharged, whether by acquittal  or   on  expiration   of  his   sentence  or otherwise;

5. until after  the expiration  of fifteen  days from  the date  of   his  being   committed  to   prison  by  the magistrate.

2. 1*[For�� the� purposes� of� sub-section� (1),� the� offence 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 list given in the Schedule.]

Notwithstanding anything� to the� contrary contained� in section� 3 or section 12,� the provisions� of sections 29 and 31 shall apply without any modification to every foreign State 1*xxx.

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

An extradition� offence committed 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.

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.

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 discharged 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.

1. Subs. & Ins by Act 66 of 1993, s. 16 (w.e.f. 18-12-1993).

2. Subs. By s. 17. ibid (w.e.f. 18-12-1993).

1. The central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

2. In particular, and without prejudice to the generality of the  foregoing power,  such rules  may  provide  for  all  or  any  of  the  following matters, namely:--

1. The form in which a requisition for the surrender of a fugitive criminal may be made;

2. The form in which a warrant for the apprehension of any person in a [foreign state] 1* to which Chapter III applies may be made;

3. The manner in which any warrant may be endorsed or authenticated under this Act;

4. The removal of fugitive criminals accused or in custody under this  Act and their control and maintenance until such time  as they are handed over to the persons named in the warrant as entitled to receive them;

5. The seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies;

6. The form  and manner  in which  or the  channel through which a  magistrate may  be required to make his report to the Central Government under this Act;

7. Any other   matter which   has to be, or may be, prescribed.

 

3. Every  rule made  under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for  a total  period of  thirty days which may be comprised in one session  or 2*[in  two or more successive sessions, and if, before the  expiry   of  the   session  immediately   following  the  session aforesaid],  both  Houses agree in making any modification in the rule or both  Houses agree  that the  rule should  not made, the rule shall thereafter have  effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. The  Indian Extradition Act,  1903 (15 of  1903), and  any law  corresponding thereto  in  force  at  the commencement of  this Act in the territories which, immediately before the 1st day of November, 1956, were comprised in Part B States and the North East Frontier Agency and

1. Subs.� by Act 66 of 1993, s.� 3, (w.e.f 18-12-1993)

2. Subs. by Act 4 of 1986, s. 2 and sch. (w.e.f 15-5-1986). (Chapter V.--Miscellaneous. The First Schedule. The Second Schedule.) Tuensang District� (Extradition) Regulation,� 1961 (3� of� 1961), are hereby repealed.

2. The Extradition Acts, 1870 to 1932 and the Fugitive Offenders Act, 1881, in so far as they apply to and operate as part of the law of India, are hereby repealed.(33 and 34 Vict. c. 52; 36 and 37 Vict.� c. 60;� 6 Edw.� 7, c.� 15; 22 and 23 Geo. 5, c. 39. 44 and 45 Vict. c. 69.)