Chapter V
MISCELLANEOUS
22. Liability of fugitive criminals to be arrested and surrendered or returned.
22. Liability of fugitive criminals to be arrested and surrendered or returned.—Every fugitive criminal of a foreign State [i][* * *] 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.
23. Jurisdiction as to offences committed at sea or in air.
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 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.
24. Discharge of person apprehended if not surrendered or returned within two months.
24. Discharge of person apprehended if not surrendered or returned 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 [ii][* * *] 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.
25. Release of persons arrested on bail.
25. Release of persons arrested on bail.—In the case of a person who is fugitive criminal arrested or detained under this Act, the provisions of the Code of Criminal Procedure, [iii][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.
26. Abetment of extradition offences.
26. Abetment of extradition offences.—A fugitive criminal who is accused or convicted of abetting [iv][, conspiring, attempting to commit, inciting or participating as an accomplice in the commission of] any extradition 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.
27. Lawfulness of, and re-taking on escape from, custody under warrants.
27. Lawfulness of, and re-taking on escape from, custody under warrants.—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.
28. Property found on fugitive criminal.
28. Property found on fugitive criminal.—Everything found in the possession of a fugitive criminal at the time of arrest which may be material as evidence in proving the extradition offence may be delivered up with fugitive criminal on his surrender or return, subject to the rights, if any, of third parties with respect thereto.
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Other Contents of Extradition Act, 1962 |
| Sections 1 to 21 Sections 22 to 37 and Schedules |
29. Power of Central Government to discharge any fugitive criminal.
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.
30. Simultaneous requisitions.—If requisitions for the surrender of a fugitive criminal are received from more than one foreign [v][* * *], the Central Government may, having regard to the circumstances of the case, surrender the fugitive criminal to such State [vi][* * *] as that Government thinks fit.
31. Restrictions on surrender.
31. Restrictions on surrender.—[vii][(1)]A fugitive criminal shall not be surrendered or returned to a foreign State [viii][* * *]—
(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 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;
(b) If a prosecution for the offence in respect of which his surrender is sought is according to the law of that State [ix][* * *] barred by time;
[x][(c) 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—
(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 lawfully 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 discharged, 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.
[xi][(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 list given in the Schedule.]
32. Sections 29 and 31 to apply without any modification thereof.
32. Sections 29 and 31 to apply without any modification thereof.—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 [xii][* * *].
33. Act not to affect the Foreigners Act, 1946.
33. Act not to affect the Foreigners Act, 1946.—Nothing in this Act shall affect the provisions of the Foreigners Act, 1947 (31 of 1946), or any order made thereunder.
34. Extraterritorial jurisdiction.
[xiii][34. Extraterritorial jurisdiction.—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.]
34-A. Prosecution on refusal to extradition.
[xiv][34-A. 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.]
34-B. Provisional arrest.
[xv][34-B. 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 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.]
34-C. Provision of life imprisonment for death penalty.
[xvi][34-C. 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.
35. Notified Orders and Notifications to be laid before Parliament.—Every notified order 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.
36. Power to make rules.
36. Power to make rules.—(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:—
(a) the form in which a requisition for the surrender of a fugitive criminal may be made;
(b) the form is which a warrant for the apprehension of any person in a [xvii][foreign State] to which Chapter III applies may be made;
(c) the manner in which any warrant may be endorsed or authenticated under this Act;
(d) 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;
(e) 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;
(f) 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;
(g) 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 [xviii][in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be 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.
37. Repeals and savings.
37. Repeals and savings.—(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 Tuensang District (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.
(2) The Extradition Acts, 1870 to 1932 (33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60; 6 Edw, 7c. 15, 22 and 23 Geo. 5, c. 39) and the Fugitive Offenders Act, 1881 (44 and 45 Vict. c. 69), in so far as they apply to and operate as part of the law of India, are hereby repealed.
The Schedule
[xix][THE 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 grevious 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 [Section 27 of the Arms Act, 1959 (54 of 1959)].
9. The use of a fire arm with intention to resist or prevent the arrest or detention [Sections 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 (Sections 339 to 348).
12. Kidnapping and abduction including taking of hostages (Sections 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.]
Second Schedule
SECOND SCHEDULE
[xx][* * *]
References
[i] The words “or commonwealth country” omitted by Act 66 of 1993, Section 3 (w.e.f. 18-12-1993).
[ii] The words “or commonwealth country” omitted by Act 66 of 1993, Section 3 (w.e.f. 18-12-1993).
[iii] Substituted for “1898 (5 of 1898)” by Act 66 of 1993, Section 13 (w.e.f. 18-12-1993).
[iv] Inserted by Act 66 of 1993, Section 14 (w.e.f. 18-12-1993).
[v] Omitted by Act 66 of 1993, Section 15 (w.e.f. 18-12-1993).
[vi] The words “or country” omitted by Act 66 of 1993, Section 3 (w.e.f. 18-12-1993).
[vii] Section 31 renumbered as sub-section (1) by Act 66 of 1993, Section 16 (w.e.f. 18-12-1993).
[viii] The words “or commonwealth country” omitted by Act 66 of 1993, Section 2 (w.e.f. 18-12-1993).
[ix] The words “or country” omitted by Act 66 of 1993, Section 2 (w.e.f. 18-12-1993).
[x] Clause (c) substituted by Act 66 of 1993, Section 16 (w.e.f. 18-12-1993).
[xi] Sub-sections (2) and (3) inserted by Act 66 of 1993, Section 16 (w.e.f. 18-12-1993).
[xii] The words “or commonwealth country” omitted by Act 66 of 1993, Section 2 (w.e.f. 18-12-1993).
[xiii] Section 34 substituted by Act 66 of 1993, Section 17 (w.e.f. 18-12-1993).
[xiv] Inserted by Act 66 of 1993, Section 17 (w.e.f. 18-12-1993).
[xv] Inserted by Act 66 of 1993, Section 17 (w.e.f. 18-12-1993).
[xvi] Inserted by Act 66 of 1993, Section 17 (w.e.f. 18-12-1993).
[xvii] Substituted for “commonwealth country” by Act 66 of 1993, Section 2 (w.e.f. 18-12-1993).
[xviii] Substituted by Act 4 of 1986, Section 2 and Schedule (w.e.f. 15-5-1986).
[xix] Schedule I substituted by Act 66 of 1993, Section 18 (w.e.f. 18-12-1993).
[xx] Schedule II omitted by Act 66 of 1993, Section 18 (w.e.f. 18-12-1993).
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