EXTRADITION ACT, 1962

34 of 1962

15th September, 1962

STATEMENT OF OBJECTS AND REASONS At present, the law of extradition applicable to India is to be found scattered in the United Kingdom Extradition Act, 1870to1932.the Fugitive Offenders Act, 1881,  and the Indian Extradition Act, 1903.The United Kingdom Extradition Act, 1870, in its application to India, authorised the extradition of fugitive offenders between India and "foreign States', a term which meant States to which that Act was made applicable by Her Britannic Majesty's Order in Council The Fugitive Offenders Act, 1881, on the other hand, provided a method whereby extradition of fugitive offenders could be effected between the British dominions and possessions by a simplified form of procedure.The Indian Extradition Act, 1903, modified and supplemented the other laws by- (a) prescribing the procedure for the surrender of fugitive criminals in the case of "Foreign States"; (b) providing a special machinery for the surrender of fugitive criminals in case of States other than "Foreign

States"; and ' (c) specifying the officers in India who may exercise the powers conferred

By the Fugitive Offenders Act, 1881. 2.The Indian Extradition Act, 1903, was not extended to Part B States in 1951 when Part B States (Laws) Act, 1951, was enacted as it was felt even then that this should be done by a separate law after a proper examination of the position. The result is that the legal position relating to the surrender of fugitive criminals to "foreign States" and Commonwealth countries under the existing law from the erstwhile Part B States is somewhat doubtful. 3. The purpose of this Bill is to remove all such anomalies arid fill in the lacunae that exist at present in the law relating to extradition and enact a consolidated and amended law for the extradition of fugitive criminals to all foreign States and Commonwealth countries. 4. A Bill on the subject was introduced in the Lok Sabha on the 7th August, 1961. The Bill was referred to a Joint Committee and the Committee presented the Report on 30th November, 1961. The Bill, as reportedly the Joint Committee, could not be taken up for consideration in Parliament for want of time and it lapsed on the dissolution of the Lok Sabha. The present Bill incorporates all the recommendations made by the Joint Committee and the opportunity has been taken to make certain minor changes. 5. The notes on clauses explain in detail the various provisions of the Bill.- S.O.R.Gaz.of Ind., 19-6-.1962,Pt. II, S. 2, Extra, p. 418. Act 66 of 1993.- At present, the Law of Extradition in India is contained in the Extradition Act, 1962 (Act 34 of 1962). The 1962-Act made a distinction between commonwealth countries and foreign States and considered only foreign States as treaty States. The extradition with Commonwealth countries was separately governed by the second Schedule of the Act and the Central Government was given powers under Chapter III to conclude special extradition arrangements with respect to Commonwealth countries only. Such distinction made in the Extradition Act, 1962 between foreign States and Commonwealth countries does not hold good in view of the change of time and rapid developments in Extradition Law at international level. Commonwealth countries are concluding extradition treaties among themselves. India has in recent years concluded separate extradition treaties with Canada and U K.. Moreover, the Civil Law countries have specific requirements for purposes of extradition with them. In addition; terrorisrim and drug trafficking as two most heinous crimes affecting innocent lives, have thrown new challenges necessitating changes in the EXTRADITION ACT, existing Extradition Law to effectively deal with these new crimes. Many International

Conventions dealing with these and other crimes have laid down specific obligation on State parties to extradite or prosecute a fugitive offender. India is a State party to many of these International Conventions. 2. The purpose of the Bill is to amend the Extradition Act, 1962, to suitably incorporate in it the above noted changes and to achieve, interalia, the following objectives:

(a) to enable India to conclude extradition treaties with foreign States including the Commonwealth countries without treating them structurally different;

(b) to provide for extra-territorial jurisdiction over foreigners for crimes committed by them  outside India; (c) to incorporate composite offences in the definition of extradition offence; (d) to exclude political offence as a defence in cases of offences of a serious nature; (e) to cover extradition requests on the basis of international Conventions within the scope of the Act. (f) to enable Central Government to make and receive requests for provisional arrest of fugitives in urgent cases pending the receipt of the formal extradition request; (g) to enable the Central Government to give assurance pursuant to a treaty obligation to the requested State for the non-execution of death penalty. 3. The Bill seeks to achieve the above objects. -Gaz. of Ind., 29-7-1993, Pt. II, S. 2, Ext., p. 7 (No. 33).

An Act to consolidate and amend the law relating to the extradition of fugitive criminals

1[and to provide for matters connected therewith or incidental thereto.]

CHAPTER 01 PRELIMINARY

OBJECTS AND REASONS Sub-clause (b).- Certain foreign laws like the French provide for the condemnation of the accused person pur coniumance but such condemnation is annulled if the accused person appears before the Court, when his trial begins afresh. Such a person is correctly described as an accused person and not as a convicted person for the purposes of extradition law. This sub-clause is intended to clarify this position and follows similar definitions in the United Kingdom and Canadian Acts. Sub-clause (c).-The expression 'extradition offence' is so defined as to mean, in relation to a foreign State being a treaty State, an offence provided for in the extradition

treaty with that State and in relation to a foreign Slate other than a treaty State or in relation to a Commonwealth country, an offence which is specified in, or which may be specified by Notification under the Second Schedule. Sub-clause (d).- The definition of 'extradition treaty' covers even pre independence treaties."-S.O.R.OBJECTS AND REASONS "Clause 3.- This clause covers all States outside India including Commonwealth countries to which Chapter 111 does not apply. The Act can become operative in relation to such States only on the issue of a notified order. Provision has  been made in clause whereby it may be possible to make this Act effective only in relation to certain parts of India. In regard to a treaty State, power has also been taken to render the application of the Act subject to such modifications. exceptions, conditions and qualifications as may be deemed expedient for implementing the treaty with that Stale." S.O.R.

SECTION 01: 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 date2as the Central Government may, by Notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

 In this Act, unless the context otherwise requires,-

3[(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;

3[(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 treaty4[, agreement or arrangement] made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty 4[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 India5[* * * *] and includes every constituent part, colony or dependency of such State;

3[(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.

SECTION 03: APPLICATION OF ACT

7[(1) The Central Government may, by notified6order, 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.-

8[(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 2 EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN

STATES [* * *] TO WHICH CHAPTER III DOES NOT APPLY

OBJECTS AND REASONS

"Clause 4.- This clause prescribes the channel through which a requisition for the surrender of a fugitive criminal of a foreign State or Commonwealth country to which Chap. Ill does not apply may be made to the Central Government."-S.O.R.OBJECTS AND REASONS "Clause 5.- This clause empowers the Central Government to issue an order to a Magistrate having jurisdiction to enquire into the offence in respect of which requisition has been received under clause 4. This clause follows sub-section (1) of section 3 of the Indian Extradition Act, 1903-S.O.R.OBJECTS AND REASONS "Clauses 6 and 7.- These clauses prescribe the procedure to be followed by a Magistrate when order is received by him under clause 5. These clauses more or

less are based on sub-sections (2), (3), (4) and (6) of section 3 of the Extradition Act, 1903."- S.O.R.OBJECTS AND REASONS See under section 6-.OBJECTS AND REASONS "Clause 8.- This clause is based on sub-section (8) of section 3 of the Indian Extradition Act, 1903."- S. 0. R.OBJECTS AND REASONS Clause 9.- This clause more or less reproducessection 4 of the Indian Extradition Act, 1903.OBJECTS AND REASONS Clause 10.- This clause reproducessection 17 of the Indian Extradition Act, 1903.

SECTION 04: REQUISITION FOR SURRENDER

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

(a) by a diplomatic representative of the foreign State9[* * * *] at Delhi; or

(b) by the Government of that foreign State9[* * * *] 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 State 10[* * *] with the Government of India.

SECTION 05: 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 06: 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 07: 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 12[* * * *] 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 State12[* * *], 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 State12[* * * * * * *], 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.

SECTION 08: 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 13[,] 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.

SECTION 09: 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 State14[* * * *], he may, if he thinks fit, issue a warrant for the arrest of that person on such information and 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-.

SECTION 10: RECEIPT IN EVIDENCE OF EXHIBITS, DEPOSITIONS AND OTHER DOCUMENTS AND AUTHENTICATION THEREOF

(1) If any proceedings against a fugitive criminal of a foreign State 15[* * * *] 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 slating 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 staling 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 State16[* * *] where the same was issued or acting in or for such State16[* * *];

(b) the depositions or statement or copies thereof purport to be certified, under the hand of a Judge, Magistrate or Officer of the State16[****] where the same were taken, or acting in or for such State16[* * *], 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 staling the fact of, a conviction purports to be certified by a Judge, Magistrate or Officer of the State16[* * *] 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 State16[* * * *] where the same were17[* * * * *] issued, taken or given.

SECTION 11: CHAPTER NOT TO APPLY TO COMMONWEALTH COUNTRIES TO WHICH CHAPTER III APPLIES

Nothing contained in this Chapter shall apply to fugitive criminals18[* * * * * *] to which Chapter III applies.

CHAPTER 03: RETURN OF FUGITIVE CRIMINALS TO[FOREIGN

STATES] WITH EXTRADITION ARRANGEMENTS

OBJECTS AND REASONS "Clause 12.- This clause makes it clear that Chapter III will apply only to such Commonwealth countries as have entered into extradition arrangements with the Central Government. Sub-clause (2) of this clause further provides that every such application shall be by notified order. The Central Government is further empowered to apply the provisions of Chapter III and other Chapters in relation to any such Commonwealth country subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify for the purpose of implementing the arrangement.'' S.O.R.OBJECTS AND REASONS "Clause 15.- This clause follows section 13 of the Fugitive Offenders Act. 1881." S.O.R. Note.-Fugitive Offenders Act. 1881. is repealed by this Act See S. 37. infra. ....OBJECTS AND REASONS "Clause 16. - Sub-claused) of this clause follow section 16 of the Fugitive Offenders Act. 1881. Sub-clause (2) requires a Magistrate issuing a provisional warrant .under sub-clause (1) to report the issue of such warrant to the Central Government".-S.O.R.OBJECTS AND REASONS "Clause 17.- This clause empowers the Magistrate to hear evidence and satisfy himself whether the offence of which the person is accused or has been convicted is an extradition offence and also whether the warrant for apprehension of the fugitive criminal has been duly authenticated. Power has also been conferred on him to release the

fugitive criminal on bail if he is not satisfied on either of the two aforesaid points."---S.O.R.

SECTION 12: APPLICATION OF CHAPTER

(1) This Chapter shall apply only to any such 20[foreign State] to which, by reason of an extradition arrangement entered into with that 21[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 20[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.

SECTION 13: LIABILITY OF FUGITIVE CRIMINALS FROM COMMONWEALTH COUNTRIES TO BE APPREHENDED AND RETURNED

Where a fugitive criminal of any 22[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 22 [foreign State].

SECTION 14: ENDORSED AND PROVISIONAL WARRANTS

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

SECTION 15: ENDORSED WARRANT FOR APPREHENSION OF FUGITIVE CRIMINAL

Where a warrant for the apprehension of a fugitive criminal has been issued in any23[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 any Magistrate in India.

SECTION 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 24[foreign State] 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,

SECTION 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.

SECTION 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 the25[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 04 SURRENDER OR RETURN OF ACCUSED OR

CONVICTED PERSONS FROM FOREIGN STATES [* * ** * *]

OBJECTS AND REASONS "Clause 19.- Sub-clause (1) of this clause prescribes the channel for requisition for the surrender of a person accused or convicted of an extradition offence committed in India and who is or is suspected to be in any foreign State or a Commonwealth country to which Chapter III does not apply."-S.0.R.

SECTION 19: MODE OF REQUISITION OR FORM OF WARRANT FOR THE SURRENDER OR RETURN TO INDIA OF ACCUSED OR CONVICTED PERSON WHO IS IN A FOREIGN STATE

27[* * * *]-

(1) A requisition for the surrender of a person accused or convicted of an extradition offence committed in India and who is or is suspected to be, in any foreign State or28[foreign State] to which Chapter III does not apply, may be made by the Central Government-

 (a) to a diplomatic representative of that State or country at Delhi; or

(b) to the Government of that State or country through the diplomatic representative of India in that State28[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 India with that State [or country.]

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

SECTION 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 29[* * * * *] may, under the warrant of arrest for his surrender or return issued in such State29[* * * *], be brought into India and delivered to the proper authority to be dealt with according to law.

SECTION 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.]

CHAPTER 5 MISCELLANEOUS

OBJECTS AND REASONS "Clause 22.- This clause states the liability of a fugitive criminal in express terms even with regard to offences committed before the commencement of the Act. The clause corresponds to a certain extent section 16 of the Indian Extradition Act, 1903."- S.O.R..OBJECTS AND REASONS "Clause 23.- This clause follows section 20 of the Indian Extradition Act, 1903, but the scope of the clause has been widened so as also to cover offences committed in the air."-S.O.R.OBJECTS AND REASONS "Clause 24.- This clause is on the same lines as sub-section (10) of section 3 of the Indian Extradition Act, 1903."-S.O.R.OBJECTS AND REASONS "Clause 25.- This clause follows sub-section (4) of section 10 of the Indian Extradition

Act, 1903. It has been made clear in this clause that the Magistrate, before whom the fugitive criminal is brought, shall have the same powers and jurisdiction in relation to granting of bail as a Court of Session under the Criminal Procedure Code (1898)-." S.O.R.OBJECTS AND REASONS "Clause 26.- This clause follows section 13 of the Indian Extradition Act, 1903."-S.O.R.OBJECTS AND REASONS "Clause 27.- This clause follows S. 3(3) and section 14 of the Indian Extradition Act, 1903." S.O.R.OBJECTS AND REASONS "Clause 29.- This clause follows section 10 of the Fugitive Offenders Act, 1881. with this difference that power under that section is exercisable by a Court whereas the power under this clause is exercisable by the Central Government." S.O.R.OBJECTS AND REASONS "Clause 30.- This clause makes a provision to meet a contingency when the surrender of a fugitive criminal has been requested by more than one State simultaneously.The clause is based mainly on the fact that there are quite a number of offences which consist of a series of penal transactions each one of which may be completed or originated in one or more States separately. Under this clause the Central Government would decide to which State or country a fugitive criminal may be surrendered after taking into consideration all the circumstances of the case namely, the respective dates on which the requisitions were received, the relative gravity of the offence alleged and the like." S.O.R.OBJECTS AND REASONS "Clause 31.- This clause contains the usual restrictions on surrender. The period of fifteen days specified in sub-clause (e) of this clause  would enable the fugitive criminal to move the appropriate Court for his release by filini; 11 writ petition of habeas corpus."--S.O.R.OBJECTS AND REASONS "It has been made clear in this clause that the Central Government cannot modify the application of the provisions of clauses 29 and 31

which shall apply in all cases of extradition under this Bill."-S.O.R.

SECTION 22: LIABILITY OF FUGITIVE CRIMINALS TO BE ARRESTED AND SURRENDERED OR RETURNED

Every fugitive criminal of a foreign State 30[* * * *] 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.

SECTION 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.

SECTION 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 State31[* * * * *] 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.

SECTION 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-], 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, arid 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.

SECTION 26: Abetment of extradition offences

A fugitive criminal who is accused or convicted of abetting33[, 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.

SECTION 27: LAWFULNESS OF, AND RETAKING 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 retaken as a person accused of an offence against the law of India may be retaken upon an escape.

SECTION 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 thereto.

SECTION 29: POWER OF CENTRAL GOVERNMENT TO DISCHARGE ANY FUGITIVE CRIMINAL

If it appears to the Central Government that by reason of the trival 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.

SECTION 30: SIMULTANEOUS REQUISITIONS

If requisitions for the surrender of a fugitive criminal are received from more than one foreign State34[********* *], the Central Government may, having regard to the circumstances of the case, surrender the fugitive criminal to such State35[* * *]as that Government thinks fit.

SECTION 31: RESTRICTIONS ON SURRENDER

37[(1)] A fugitive criminal shall not be surrendered or returned to a foreign State36[* * * * *]- (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 foran 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 State36[* * *], barred by time;

37[(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 inrelation 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.

38[(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.]

SECTION 32: SECTIONS 29 AND 31 TO APPLY WITHOUT ANY MODIFICATION THEREOF

Notwithstanding anything to the contrary contained in section 3-orsection 12-, the provisions Of sections 29-and31-shall apply without any modification to every foreign State 39[* * * *].

SECTION 33: ACT NOT TO AFFECT THE FOREIGNERS ACT, 1946

Nothing in this Act shall affect the provisions of the Foreigners Act, 1946, or any order made thereunder.

SECTION 34: Extra territorial 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.

SECTION 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.

SECTION 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 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.

SECTION 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.]

SECTION 34D: APPLICATION OF ACT TO REPUBLIC OF IRELAND

The provisions of this Act shall apply in relation to the Republic of Ireland in the like manner and subject to the like conditions as they apply in relation to41[foreign State].

SECTION 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,

SECTION 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 in which a warrant for the apprehension of any person in a43[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 .is 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 make 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 42[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore said]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.

SECTION 37: REPEALS AND SAVINGS

(1)The Indian Extradition Act, 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,arehereby repealed.

(2)The Extradition Acts, 1870to 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.

SCHEDULE 1 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. Culpabale homicide, murder (sections 7-99to304).[The] Factories Act, 1948. 6. Voluntarily causing hurt or previous 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-of 1959)]. 9. The use of a fire arm with intention to resist or prevent the arrest or detention [section 28 of the Arms Aft, 1959-(54 of 1959)]. 10. Causing of loss or damage to property used for public utilities or otherwise with intention to endanger life (section 425read with section 440). 1 1. Wrongful restraint and wrongful confinement (sections 339to348). 12. Kidnapping and abduction including taking of hostages (sections 359to369). 13. Offences relating 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.]