Extradition Act, 1962

Indian Law relating to the extradition of fugitive criminals.

Extradition Act, 1962

Act No. 34 of 1962

[15th September, 1962]

An Act to consolidate and amend the Law relating to the extradition of fugitive criminals [i][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:—

Chapter I

PRELIMINARY

1. Short title, extent and commencement.

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[ii] as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

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

[iii][(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;

[iv][(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 treaty [v][, agreement or arrangement] made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty [vi][, 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 India [vii][* * *] and includes every constituent part, colony or dependency of such State;

[viii][(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.

3. Application of Act.

3. Application of Act.—[ix][(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.

[x][(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.]

Chapter II

EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATES [xi][* * *] TO WHICH CHAPTER III DOES NOT APPLY

4. Requisition for surrender.

4. Requisition for surrender.—A requisition for the surrender of a fugitive criminal of a foreign State [xii][* * *] may be made to the Central Government—

(a) by a diplomatic representative of the foreign State foreign State [xiii][* * *] at Delhi; or

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

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 [xvi][* * *] with the Government of India.

 

Other Contents of Extradition Act, 1962

Sections 1 to 21 Sections 22 to 37 and Schedules

 

5. Order for magisterial inquiry.

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 with in the local limits of his jurisdiction, directing him to enquire into the case.

6. Issue of warrant for arrest.

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.

7. Procedure before magistrate.

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 [xvii][* * *] 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 [xviii][* * *], 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 [xix][* * *], 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.

8. Surrender of fugitive criminal.

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 [xx][* * *], 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.

9. Power of magistrate to issue warrant of arrest in certain cases.

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 [xxi][* * *], 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.

10. 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 [xxii][* * *] 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 support 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 State [xxiii][* * *] where the same was issued or acting in or for such, State [xxiv][* * *];

(b) the depositions of statements or copies thereof purport to be certified, under the hand of a judge, magistrate or officer of the State [xxv][* * *] where the same were taken, or acting in or for such State [xxvi][* * *], to be the original depositions 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 State [xxvii][* * *] 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 State [xxviii][* * *] where the same were [xxix][* * *] issued, taken or given.

11. Chapter not to apply to foreign States to which Chapter III applies.

11. Chapter not to apply to [xxx][foreign States] to which Chapter III applies.—Nothing contained in this Chapter shall apply to fugitive criminals [xxxi][* * *] to which Chapter III applies.

Chapter III

RETURN OF FUGITIVE CRIMINALS TO [xxxii][FOREIGN STATES] WITH EXTRADITION ARRANGEMENTS

12. Application of Chapter.

12. Application of Chapter.—(1) This Chapter shall apply only to any such [xxxiii][foreign State] to which, by reason of an extradition arrangement entered into with that [xxxiv][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 [xxxv][foreign State], apply to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementing the arrangement.

13. Liability of fugitive criminals from foreign States to be apprehended and returned.

13. Liability of fugitive criminals from [xxxvi][foreign States] to be apprehended and returned.—Where a fugitive criminal of any [xxxvii][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 [xxxviii][foreign State].

14. Endorsed and provisional warrants.

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

15. Endorsed warrant for apprehension of fugitive criminal.

15. Endorsed warrant for apprehension of fugitive criminal.—Where a warrant for the apprehension of a fugitive criminal has been issued in any [xxxix][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 warrant and to bring him before any magistrate in India.

16. Provisional warrant for apprehension of fugitive criminal.

16. Provisional warrant for apprehension of fugitive criminal.—(1) Any magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any [xl][foreign State] to which this Chapter applies who is, or suspected to be, in or 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 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.

17. Dealing with fugitive criminal when apprehended.

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 is 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.

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 [xli][foreign State] 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 [xlii][* * *]

19. Mode of requisition or form of warrant for the surrender or return to India of accused or convicted prison who is in a foreign State.

19. Mode of requisition or form of warrant for the surrender or return to India of accused or convicted prison who is in a foreign State [xliii][* * *].—(1) A requisition for the surrender of a person accused or convicted of an extradition offence in India and who is or is suspected to be, in any foreign State [xliv][* * *] to which Chapter III does not apply, may be made by the Central Government—

(a) to a diplomatic representative of that State [xlv][* * *] at Delhi; or

(b) to the Government of that State [xlvi][* * *] through the diplomatic representative of India in that State of 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 India with that State [xlvii][* * *].

(2) A warrant issued by a magistrate in India for the apprehension of any person who is, or is suspected to be, in any [xlviii][foreign State] to which Chapter III applies shall be in such from as may be prescribed.

20. Conveyance of accused or convicted person surrendered or returned.

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 [xlix][* * *] may, under the warrant of arrest for his surrender or return issued in such State [l][* * *], 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.

[li][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—

(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.]

References

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