The Extradition Act, 1962

{
    "id": 550,
    "slug": "extradition-act-1962",
    "title": "The Extradition Act, 1962",
    "short_title": "The Extradition Act, 1962",
    "act_number": "34",
    "act_year": 1962,
    "act_type": "CENTRAL",
    "location": "India",
    "law_status": "valid",
    "enactment_date": "1962-09-15",
    "description": "The Extradition Act, 1962",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1.  Short title, extent and commencement.",
            "chapter": null,
            "content": "(1) This Act may be called the Extradition Act,\r\n1962.\n(2) It extends to the whole of India.\n(3) It shall come into force on such date\n1\nas the Central Government may, by notification in the\r\nOfficial Gazette, appoint.",
            "footnote": "1. 5th January, 1963,\nvide\nNotification No. G.S.R. 55, dated 5th January, 1963,\nsee\nGazette of India, Extraordinary, Part II,\r\nsec. 3\n(i)\n.",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions.",
            "chapter": null,
            "content": "In this Act, unless the context otherwise requires,--\r\n1\r\n",
            "footnote": "1. Subs. by Act 66 of 1993, s. 4, for clause\r\n(a)\r\n(w.e.f. 18-12-1993).\r\n2. Subs. by s. 4,\r\nibid\r\n., for clause\r\n(c)\r\n(w.e.f.18-12-1993).\r\n3. Subs. by s. 4,\r\nibid\r\n., for \"or agreement\" (w.e.f.18-12-1993).\r\n4. The words \"other than a commonwealth country,\" omitted by s. 4,\r\nibid\r\n. (w.e.f. 18-12-1993).\r\n5. Subs. by s. 4,\r\nibid\r\n., for clause\r\n(f)\r\n(w.e.f. 18-12-1993).",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (a)",
            "chapter": null,
            "content": "[(a) \"composite offence\" means an act or conduct of a person occurred, wholly or in part, in\r\na foreign State or in india but its effects or Intended effects, taken as a whole, would constitute an\r\nextradition offence in India or in a foreign State, as the case may be;]\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (b)",
            "chapter": null,
            "content": "(b) \"conviction\" and \"convicted\" do not include or refer to a conviction which under foreign\r\nlaw is a conviction for contumacy, but the term \"person accused\" includes a person so convicted\r\nfor contumacy;\r\n2",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (c)",
            "chapter": null,
            "content": "\r\n[(c) \"extradition offence\" means--\r\n(i) in relation to a foreign State, being a treaty State, an offence provided for in the\r\nextradition treaty with that State;\r\n(ii) in relation to a foreign State other than a treaty State an offence punishable with\r\nimprisonment for a term which shall not be less than one year under the laws of India or of a\r\nforeign State and includes a composite offence;]\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 4
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (d)",
            "chapter": null,
            "content": "(d) \"extradition treaty\" means a treaty\r\n[,agreement or arrangement) made by India with a\r\nforeign State relating to the extradition of fugitive criminals, and includes any treaty[,agreement\r\nor arrangement] relating to the extradition of fugitive criminals made before the 15th day of\r\nAugust, 1947, which extends to, and is binding on, India;\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 5
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (e)",
            "chapter": null,
            "content": "(e) \"foreign State\" means any State outside India\r\n4\r\n* * * and includes every constituent part,\r\ncolony or dependency of such State;\r\n\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 6
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (f)",
            "chapter": null,
            "content": "[(f) \"fugitive criminal\" means a person who is accused or convicted of an extradition offence\r\nwithin the jurisdiction of a foreign State and includes a person who, while in India, conspires, \r\nattempts to commit or incites or participates as an accomplice in the commission of an extradition\r\noffence in a foreign State;]\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 7
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (g)",
            "chapter": null,
            "content": "(g) \"magistrate\" means a magistrate of the first class or a presidency magistrate;\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 8
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (h)",
            "chapter": null,
            "content": "(h) \"notified order\" means an order notified in the Official Gazette;\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 9
        },
        {
            "number": "2",
            "title": "Section 2.  Definitions. (i)",
            "chapter": null,
            "content": "(i) \"prescribed\" means prescribed by rules made under this Act; and\r\n",
            "footnote": "",
            "is_definition": true,
            "sort_order": 10
        },
        {
            "number": "3",
            "title": "Section 3.  Application of Act.",
            "chapter": null,
            "content": "1\n[(1) The Central Government may, by notified order, direct that the\r\nprovisions of this Act, other than Chapter III, shall apply, to such foreign State or part thereof as may\r\nbe specified in the order.]\n(2) The Central Government may, by the same notified order as is referred to in sub-section\n(1)\nor\r\nany subsequent notified order, restrict such application to fugitive criminals found, or suspected to be,\r\nin such part of India as may be specified in the order.\n(3) Where the notified order relates to a treaty State,--\n(a) it shall set out in full the extradition treaty with that State ;\n(b) it shall not remain in force for any period longer than that treaty; and\n(c) the Central Government may, by the same or any subsequent notified order, render the\r\napplication of this Act subject to such modifications, exceptions, conditions and qualifications as\r\nmay be deemed expedient for implementing the treaty with that State.\n2\n[(4) Where there is no extradition treaty made by India with any foreign State, the\r\nCentral Government may, by notified order, treat any Convention to which India and a foreign State\r\nare parties, as an extradition treaty made by India with that foreign State providing for extradition in\r\nrespect of the offences specified in that Convention.]",
            "footnote": "1. Subs. by Act 66 of 1993, s. 5, for sub-section\n(1)\n(w.e.f. 18-12-1993).\n2. Ins. by s. 5,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "4",
            "title": "Section 4.  Requisition for surrender.",
            "chapter": null,
            "content": "A requisition for the surrender of a fugitive criminal of a\r\nforeign State\n1\n* * * may be made to the Central Government--\n(a) by a diplomatic representative of the foreign State\n1\n* * * at Delhi; or\n(b) by the Government of that foreign State\n1\n* * * communicating with the Central\r\nGovernment through its diplomatic representative in that State\n2\n***;\nand if neither of these modes is convenient, the requisition shall be made in such other mode as is\r\nsettled by arrangement made by the Government of the foreign State\n1\n* * * with the Government of\r\nIndia.",
            "footnote": "1. The words \"or commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f.18-12-1993).\n2. The words \"or country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "5",
            "title": "Section 5.  Order for magisterial inquiry.",
            "chapter": null,
            "content": "Where such requisition is made, the Central Government\r\nmay, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into\r\nthe offence if it had been an offence committed within the local limits of his jurisdiction directing him\r\nto inquire into the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "6",
            "title": "Section 6.  Issue of warrant for arrest.",
            "chapter": null,
            "content": "On receipt of an order of the Central Government under\r\nsection 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "7",
            "title": "Section 7.  Procedure before magistrate.",
            "chapter": null,
            "content": "(1) When the fugitive criminal appears or is brought before\r\nthe magistrate, the magistrate shall inquire into the case in the same manner and shall have the same\r\njurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or\r\nHigh Court.\n(2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in\r\nparticular, take such evidence as may be produced in support of the requisition of the foreign State\n1\n* * * and on behalf of the fugitive criminal, including any evidence to show that the offence of which\r\nthe fugitive criminal accused or has been convicted is an offence of political character or is not an\r\nextradition offence.\n(3) If the Magistrate is of opinion that a prima facie case is not made out in support of the\r\nrequisition of the foreign State\n1\n* * *, he shall discharge the fugitive criminal.\n(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition\r\nof the foreign State\n1\n* * * he may commit the fugitive criminal to prison to await the orders of the\r\nCentral Government and shall report the result of his inquiry to the Central Government, and shall\r\nforward together with such report, and written statement which the fugitive criminal may desire to\r\nsubmit for the consideration of the Central Government.",
            "footnote": "1. The words \"or commonwealth country\" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "8",
            "title": "Section 8.  Surrender of fugitive criminal.",
            "chapter": null,
            "content": "If upon receipt of the report and statement under subsection\n(4)\nof section 7, the Central Government is of opinion that the fugitive criminal ought to be\r\nsurrendered to the foreign State\n1\n* * *, it may issue a warrant for the custody and removal of the\r\nfugitive criminal and for his delivery at a place and to a person to be named in the warrant.",
            "footnote": "1. The words \"or commonwealth country\" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "9",
            "title": "Section 9.  Power of magistrate to issue warrant of arrest in certain cases.",
            "chapter": null,
            "content": "(1) Where it appears to\r\nany magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a\r\nforeign State\n1\n* * * , he may, if he thinks fit, issue a warrant for the arrest of that person on such\r\ninformation and on such evidence as would, in his opinion, justify the issue of a warrant if the offence\r\nof which the person is accused or has been convicted had been committed within the local limits of\r\nhis jurisdiction.\n(2) The magistrate shall forthwith report the issue of a warrant under sub-section\n(1)\nto the\r\nCentral Government and shall forward the information, and the evidence or certified copies thereof to\r\nthat Government.\n(3) A person arrested on a warrant issued under sub-section\n(1)\nshall not be detained for more than\r\nthree months unless within that period the magistrate receives from the Central Government an order\r\nmade with reference to such person under section 5.",
            "footnote": "1. The words \"or commonwealth country\" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "10",
            "title": "Section 10.  Receipt in evidence of exhibits, depositions and other documents and authentication  thereof.",
            "chapter": null,
            "content": "(1) In any proceedings against a fugitive criminal of a foreign State\n1\n* * * under this\r\nchapter, exhibits and depositions (whether received or taken in the presence of the person against\r\nwhom they are used or not) and copies thereof and official certificates of facts and judicial documents\r\nstating facts may, if duly authenticated, be received as evidence.\n(2) Warrants, depositions or statements on oath, which purport to have been issued or taken by\r\nany court of Justice outside India or copies thereof, certificates of, or judicial documents stating the\r\nfacts of conviction before any such court shall be deemed to be duly authenticated if--\n(a) the warrant purports to be signed by a judge, magistrate or officer of the State\n2\n* * * where\r\nthe same was issued or acting in or of such State\n2\n* * *;\n(b) the depositions of statements or copies thereof purport to be certified, under the hand of a\r\njudge, magistrate or officer of the State\n2\n* * * where the same were taken, or acting in or for such\r\nState\n2\n* * *, to be original depositions or statements or to be true copies thereof, as the case may\r\nrequire ;\n(c) the certificate of, or judicial document stating the fact of, a conviction purports to be\r\ncertified by a judge, magistrate or officer of the State\n2\n* * * where the conviction took place or\r\nacting in or for such State ;\n(d) the warrants, depositions, statements, copies, certificates and judicial documents, as the\r\ncase may be, are authenticated by the oath of some witness or by the official seal of a Minister of\r\nthe State\n2\n* * * where the same were\n3\n* * * issued, taken or given.",
            "footnote": "1. The words \"or commonwealth country\" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).\n2. The words \"or country\" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).\n3. The word \"respectively\" omitted by s. 7, ibid. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "11",
            "title": "Section 11.  Chapter not to apply to commonwealth countries to which Chapter III applies.",
            "chapter": "Chapter III",
            "content": "Nothing contained in this Chapter shall apply to fugitive criminals\n1\n* * * to which Chapter III applies.",
            "footnote": "1. The words \"of a commonwealth country\" omitted by s. 8,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "12",
            "title": "Section 12.  Application of Chapter.",
            "chapter": null,
            "content": "(1) This Chapter shall apply only to any such\n1\n[foreign state] to\r\nwhich, by reason of an extradition arrangement entered into with that\n2\n[State], it may seem expedient\r\nto the Central Government to apply the same.\n(2) Every such application shall be by notified order, and the Central Government may, by the\r\nsame or any subsequent notified order, direct that this Chapter and Chapters I, IV and V shall, in\r\nrelation to any such\n1\n[foreign State], apply subject to such modifications, exceptions, conditions and\r\nqualifications as it may think fit to specify in the order for the purpose of implementing the\r\narrangement.",
            "footnote": "1. Subs. by s. 3,\nibid\n., for \"commonwealth country\" (w.e.f. 18-12-1993).\n2. Subs. by s. 10,\nibid\n., for \"country\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "13",
            "title": "Section 13.  Liability of fugitive criminals from foreign States to be apprehended and returned.",
            "chapter": null,
            "content": "Where a fugitive criminal of any\n10\n[foreign State] to which this Chapter applies is found in\r\nIndia, he shall be liable to be apprehended and returned in the manner provided by this Chapter to that\n10\n[foreign State].",
            "footnote": "1. Subs. by s. 3,\nibid\n., for \"commonwealth country\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "14",
            "title": "Section 14.  Endorsed and provisional warrants.",
            "chapter": null,
            "content": "A fugitive criminal may be apprehended in India\r\nunder an endorsed warrant or a provisional warrant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "15",
            "title": "Section 15.  Endorsed warrant for apprehension of fugitive criminal.",
            "chapter": null,
            "content": "Where a warrant for the\r\napprehension of a fugitive criminal has been issued in any\n1\n[foreign State] to which this Chapter\r\napplies and such fugitive criminal is, or is suspected to be, in India, the Central Government may, if\r\nsatisfied that the warrant was issued by a person having lawful authority to issue the same, endorse\r\nsuch warrant in the manner prescribed, and the warrant so endorsed shall be sufficient authority to\r\napprehend the person named in the warrant and to bring him before and magistrate in India.",
            "footnote": "1. Subs. by s. 3,\nibid\n., for \"commonwealth country\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "16",
            "title": "Section 16.  Provisional warrant for apprehension of fugitive criminal.",
            "chapter": null,
            "content": "(1) Any magistrate may issue\r\na provisional warrant for the apprehension of a fugitive criminal from any\n1\n[foreign State] to which\r\nthis Chapter applies who is, or is suspected to be, in or on his way to India, on such information and\r\nunder such circumstances as would, in his opinion, justify the issue of a warrant, if the offence of\r\nwhich the fugitive criminal is accused or has been convicted had been committed within his\r\njurisdiction and such warrant may be executed accordingly.\n(2) A magistrate issuing a provisional warrant shall forthwith send a report of the issue of the\r\nwarrant together with the information or a certified copy thereof to the Central Government, and the\r\nCentral Government may, if it thinks fit, discharge the person apprehended under such warrant.\n(3) A fugitive criminal apprehended on a provisional warrant may, from time to time, be\r\nremanded for such reasonable time, not exceeding seven days at any one time, as under the\r\ncircumstances seems requisite for the production of an endorsed warrant.",
            "footnote": "1. Subs. by Act 66 of 1993, s. 3, for \"commonwealth country\" (w.e.f. 18-12-1993)",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "17",
            "title": "Section 17.  Dealing with fugitive criminal when apprehended.",
            "chapter": null,
            "content": "(1) If the magistrate, before whom a\r\nperson apprehended under this Chapter is brought, is satisfied on inquiry that the endorsed warrant for\r\nthe apprehension of the fugitive criminal is duly authenticated and that the offence of which the\r\nperson is accused or has been convicted is an extradition offence, the magistrate shall commit the\r\nfugitive criminal to prison to await his return and shall forthwith send to the Central Government a\r\ncertificate of the committal.\n(2) If on such inquiry the magistrate is of opinion that the endorsed warrant is not duly\r\nauthenticated or that the offence of which such person is accused or has been convicted is not an\r\nextradition offence, the magistrate may, pending the receipt of the orders of the Central Government,\r\ndetain such person in custody or release him on bail.\n(3) The magistrate shall report the result of his inquiry to the Central Government and shall\r\nforward together with such report any written statement which the fugitive criminal may desire to\r\nsubmit for the consideration of that Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "18",
            "title": "Section 18.  Return of fugitive criminal by warrant.",
            "chapter": null,
            "content": "The Central Government may, at any time after a\r\nfugitive criminal has been committed to prison under this Chapter, issue a warrant for the custody and\r\nremoval to the\n1\n[foreign State] concerned of the fugitive criminal and for his delivery at a place and to\r\na person to be named in the warrant.",
            "footnote": "1. Subs. by Act 66 of 1993, s. 3, for \"commonwealth country\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "19",
            "title": "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 or Commonwealth country.",
            "chapter": null,
            "content": "19. Mode of requisition or form of warrant for the surrender or return to India of accused\r\nor convicted person who is in a foreign State\n1\n* * *.\n--(1) A requisition for the surrender of a person\r\naccused or convicted of an extradition offence committed in India and who is or is suspected to be, in\r\nany foreign State\n2\n* * * to which Chapter III does not apply, may be made by the\r\nCentral Government--\n(a) to a diplomatic representative of that State\n3\n* * * at Delhi; or\n(b) to the Government of that State\n3\n* * * through the diplomatic representative of India in\r\nthat State\n3\n* * *;\nand if neither of these modes is convenient, the requisition shall be made in such other mode as is\r\nsettled by arrangement made by the Government of India with that State\n3\n* * *.\n(2) A warrant issued by a magistrate in India for the apprehension of any person who is, or is\r\nsuspected to be, in any\n4\n[foreign State] to which Chapter III applies shall be in such form as may be\r\nprescribed.",
            "footnote": "1. The words \"or commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).\n2. The words \"or a commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).\n3. The words \"or country\" omitted by s. 3,\nibid\n. (w.e.f.18-12-1993).\n4. Subs. by Act 66 of 1993, s. 3, for \"commonwealth country\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "20",
            "title": "Section 20.  Conveyance of accused or convicted person surrendered or returned.",
            "chapter": null,
            "content": "Any person\r\naccused or convicted of an extradition offence who is surrendered or returned by a foreign State\n1\n***  may, under the warrant of arrest for his surrender or return issued in such State or country, be brought\r\ninto India and delivered to the proper authority to be dealt with according to law.",
            "footnote": "1. The words \"or commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "21",
            "title": "Section 21.  Accused or convicted person surrendered or returned by foreign State not to be tried for  certain offence.",
            "chapter": null,
            "content": "1\n[21. Accused or convicted person surrendered or returned by foreign State not to be tried\r\nfor certain offences.\n--Whenever any person accused or convicted of an offence, which, if committed\r\nin India would be an extradition offence, is surrendered or returned by a foreign State, such person\r\nshall not, until he has been restored or has had an opportunity of returning to that State, be tried in\r\nIndia for an offence other than--\n(a) the extradition offence in relation to which he was surrendered or returned; or\n(b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender\r\nor return other than an offence in relation to which an order for his surrender or return could not\r\nbe lawfully made; or\n(c) the offence in respect of which the foreign State has given its consent.]",
            "footnote": "1. Subs. by s. 12,\nibid\n., for section 21 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "22",
            "title": "Section 22.  Liability of fugitive criminals to be arrested and surrendered or returned.",
            "chapter": null,
            "content": "Every\r\nfugitive criminal of a foreign State\n1\n* * * shall, subject to the provisions of this Act, be liable to be\r\narrested and surrendered or returned, whether the offence in respect of which the surrender or return is\r\nsought was committed before or after the commencement of this Act, and whether or not a court in\r\nIndia has jurisdiction to try that offence.",
            "footnote": "1. The words \"or commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "23",
            "title": "Section 23.  Jurisdiction as to offences committed at sea or in air.",
            "chapter": null,
            "content": "Where the offence in respect of\r\nwhich the surrender or return of a fugitive criminal is sought was committed on board any vessel on\r\nthe high seas or any aircraft while in the air outside India or the Indian territorial waters which comes\r\ninto any port or aerodrome of India, the Central Government and any magistrate having jurisdiction in\r\nsuch port or aerodrome may exercise the powers conferred by this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "24",
            "title": "Section 24.  Discharge of person apprehended if not surrendered or returned within two  months.",
            "chapter": null,
            "content": "If a fugitive criminal who, in pursuance of this Act, has been committed to prison to await his\r\nsurrender or return to any foreign State\n1\n* * * is not conveyed out of India within two months after\r\nsuch committal, the High Court, upon application made to it by or on behalf of the fugitive criminal\r\nand upon proof that reasonable notice of the intention to make such application has been given to the\r\nCentral Government, may order such prisoner to be discharged unless sufficient cause is shown to the\r\ncontrary.",
            "footnote": "1. The words \"or country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "25",
            "title": "Section 25.  Release of persons arrested on bail.",
            "chapter": null,
            "content": "In the case of a person who is a fugitive criminal\r\narrested or detained under this Act, the provisions of\n1\n[the Code of Criminal Procedure, 1973\r\n(2 of 1974)] relating to bail shall apply in the same manner as they would apply if such person were\r\naccused of committing in India the offence of which he is accused or has been convicted, and in\r\nrelation to such bail, the magistrate before whom the fugitive criminal is brought shall have, as far as\r\nmay be, the same powers and jurisdiction as a court of session under that Code.",
            "footnote": "1. Subs. by s. 13,\nibid\n., for \"the Code of Criminal Procedure, 1898 (5 of 1898)\" (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "26",
            "title": "Section 26.  Abetment of extradition offences.",
            "chapter": null,
            "content": "A fugitive criminal who is accused or convicted of\r\nabetting\n1\n[, conspiring, attempting to commit, inciting or participating as an accomplice in the\r\ncommission of] any extradition offence shall be deemed for the purposes of this Act to be accused or\r\nconvicted of having committed such offence and shall be liable to be arrested and surrendered\r\naccordingly.",
            "footnote": "1.  Ins. by Act 66 of 1993, s. 14 (w.e.f 18-12-1993)",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "27",
            "title": "Section 27.  Lawfulness of, and retaking on escape from, custody under warrants.",
            "chapter": null,
            "content": "It shall be lawful\r\nfor any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in\r\ncustody and convey the person mentioned in the warrant to the place named in the warrant, and if\r\nsuch person escapes out of any custody to which he may be delivered in pursuance of such warrant, he\r\nmay be re-taken as a person accused of an offence against the law of India may be re-taken upon an\r\nescape.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "28",
            "title": "Section 28.  Property found on fugitive criminal.",
            "chapter": null,
            "content": "Everything found in the possession of a fugitive\r\ncriminal at the time of his arrest which may be material as evidence in proving the extradition offence\r\nmay be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any,\r\nof third parties with respect thereto.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "29",
            "title": "Section 29.  Power of Central Government to discharge any fugitive criminal.",
            "chapter": null,
            "content": "If it appears to the\r\nCentral Government that by reason of the trivial nature of the case or by reason of the application for\r\nthe surrender or return of a fugitive criminal not being made in good faith or in the interests of justice\r\nor for political reasons or otherwise, it is unjust or inexpedient to surrender or return the fugitive\r\ncriminal, it may, by order, at any time stay any proceedings under this Act and direct any warrant\r\nissued or endorsed under this Act to be cancelled and the person for whose arrest the warrant has been\r\nissued or endorsed to be discharged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "30",
            "title": "Section 30.  Simultaneous requisitions.",
            "chapter": null,
            "content": "If requisitions for the surrender of a fugitive criminal are\r\nreceived from more than one foreign State\n1\n***, the Central Government may, having regard to the\r\ncircumstances of the case, surrender the fugitive criminal to such State or country as that Government\r\nthinks fit",
            "footnote": "1. The words \"or commonwealth country or from any foreign State and any commonwealth country\" omitted by s. 15,\nibid\n.\r\n(w.e.f 18-12-1993).",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "31",
            "title": "Section 31.  Restrictions on surrender.",
            "chapter": null,
            "content": "1\n[(1)] A fugitive criminal shall not be surrendered or returned to\r\na foreign State\n2\n***.--\n(a) if the offence in respect of which his surrender is sought is of a political character or if he\r\nproves to the satisfaction of the magistrate or court before whom he may be produced or of the\r\nCentral Government that the requisition or warrant for his surrender has, in fact, been made with a\r\nview to try or punish him for an offence of a political character;\n(b) if prosecution for the offence in respect of which his surrender is sought is according to\r\nthe law of that State\n3\n*** barred by time;\n4\n[(c) unless provision is made by that law of the foreign State or in the extradition treaty with\r\nthe foreign State that the fugitive criminal shall not be determined or tried in that State for an\r\noffence other than--\n(i) the extradition offence in relation to which he is to be surrendered or returned;\n(ii) any lesser offence disclosed by the facts proved for the purposes of securing his\r\nsurrender or return other than an offence in relation to which an order for his surrender or\r\nreturn could not be lawfully made; or\n(iii) the offence in respect of which the Central Government has given its consent;]\n(d) if he has been accused of some offence in India, not being the offence for which his\r\nsurrender or return is sought, or is undergoing sentence under any conviction in India until after\r\nhe has been discharged, whether by acquittal or on expiration of his sentence or otherwise;\n(e) until after the expiration of fifteen days from the date of his being committed to prison by\r\nthe magistrate.\n5\n[(2) For the purposes of sub-section\n(1)\n, the offence specified in the Schedule shall not be\r\nregarded as offences of a political character.\n(3) The Central Government having regard to the extradition treaty made by India with any\r\nforeign State may, by notified order, add or omit any offence from the list given in the Schedule.]",
            "footnote": "1. Section 31 re-numbered as sub-section\n(1)\nof that section by s. 16, ibid. (w.e.f. 18-12-1993).\n2. The words \"or commonwealth country\" omitted by s. 3,\nibid\n. (w.e.f.18-12-1993).\n3. The words \"or country\" omitted by s. 3,\nibid\n. (w.e.f. 18-12-1993).\n4. Subs. by s. 16,\nibid\n., for clause\n(c)\n(w.e.f. 18-12-1993).\n5. Ins. by Act 66 of 1993, s. 16 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "32",
            "title": "Section 32.  Sections 29 and 31 to apply without any modification thereof.",
            "chapter": null,
            "content": "Notwithstanding anything\r\nto the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply\r\nwithout any modification to every foreign State\n1\n***.",
            "footnote": "1. The words \"or commonwealth country\" omitted by s. 3, ibid. (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "33",
            "title": "Section 33.  Act not to affect the Foreigners Act, 1946.",
            "chapter": null,
            "content": "Nothing in this Act shall affect the provisions\r\nof the Foreigners Act, 1946 (31 of 1946), or any order made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "34",
            "title": "Section 34.  Extra territorial jurisdiction.",
            "chapter": null,
            "content": "1\n[34. Extra territorial jurisdiction.\n--An extradition offence committed by any person in a\r\nforeign State shall be deemed to have been committed in India and such person shall be liable to be\r\nprosecuted in India for such offence].",
            "footnote": "1. Subs. by s. 17,\nibid\n., for section 34 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "34A",
            "title": "Section 34A.  Prosecution on refusal to extradition.",
            "chapter": null,
            "content": "1\n[34A. Prosecution on refusal to extradition.\n--Where the Central Government is of the opinion\r\nthat a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a\r\nforeign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India.]",
            "footnote": "1. Subs. by s. 17,\nibid\n., for section 34 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "34B",
            "title": "Section 34B.  Provisional arrest.",
            "chapter": null,
            "content": "1\n[34B. Provisional arrest.\n--(1) On receipt of an urgent request from a foreign State for the\r\nimmediate arrest of a fugitive criminal, the Central Government may request the Magistrate having\r\ncompetent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal.\n(2) A fugitive criminal arrested under sub-section\n(1)\nshall be discharged upon the expiration of\r\nsixty days from the date of his arrest if no request for his surrender or return is received within the\r\nsaid period.]",
            "footnote": "1. Subs. by s. 17,\nibid\n., for section 34 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "34C",
            "title": "Section 34C.   Provision of life imprisonment for death penalty.",
            "chapter": null,
            "content": "1\n[34C. Provision of life imprisonment for death penalty.\n--Notwithstanding anything contained\r\nin any other law for the time being in force, where a fugitive criminal, who has committed an\r\nextradition offence punishable with death in India, is surrendered or returned by a foreign State on the\r\nrequest of the Central Government and the laws of that foreign State do not provide for a death\r\npenalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for\r\nlife only for that offence.]",
            "footnote": "1. Subs. by s. 17,\nibid\n., for section 34 (w.e.f. 18-12-1993).",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "35",
            "title": "Section 35.  Notified orders and notifications to be laid before Parliament.",
            "chapter": null,
            "content": "Every notified order made\r\nor notification issued under this Act shall, as soon as may be after it is made or issued, be laid before\r\neach House of Parliament.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "36",
            "title": "Section 36.  Power to make rules.",
            "chapter": null,
            "content": "(1) The central Government may, by notification in the\r\nOfficial Gazette, make rules to carry out the purposes of this Act.\n(2) In particular, and without prejudice to the generality of the foregoing power, such rules may\r\nprovide for all or any of the following matters, namely:--\n(a) the form in which a requisition for the surrender of a fugitive criminal may be made;\n(b) the form in which a warrant for the apprehension of any person in a\n1\n[foreign State] to\r\nwhich Chapter III applies may be made;\n(c) the manner in which any warrant may be endorsed or authenticated under this Act;\n(d) the removal of fugitive criminals accused or in custody under this Act and their control\r\nand maintenance until such time as they are handed over to the persons named in the warrant as\r\nentitled to receive them;\n(e) the seizure and disposition of any property which is the subject of, or required for proof of,\r\nany alleged offence to which this Act applies;\n(f) the form and manner in which or the channel through which a magistrate may be required\r\nto make his report to the Central Government under this Act;\n(g) any other matter which has to be, or may be, prescribed.\n(3) Every rule made under this section shall be laid as soon as may be after it is made before each\r\nHouse of Parliament while it is in session for a total period of thirty days which may be comprised in\r\none session or\n2\n[in two or more successive sessions, and if, before the expiry of the session\r\nimmediately following the session or the successive session aforesaid], both Houses agree in making\r\nany modification in the rule or both Houses agree that the rule should not made, the rule shall\r\nthereafter have effect only in such modified form or be of no effect, as the case may be; so however\r\nthat any such modification or annulment shall be without prejudice to the validity of anything\r\npreviously done under that rule.",
            "footnote": "1. Subs. by s. 3,\nibid\n., for \"commonwealth country\" (w.e.f. 18-12-1993).\n2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f 15-5-1986).",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "37",
            "title": "Section 37.  Repeals and savings.",
            "chapter": null,
            "content": "(1) The Indian Extradition Act, 1903 (15 of 1903), and any law\r\ncorresponding thereto in force at the commencement of this Act in the territories which, immediately\r\nbefore the 1st day of November, 1956, were comprised in Part B States and the North East Frontier\r\nAgency and Tuensang District (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.\r\n(2) The Extradition Acts, 1870 to 1932 (33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60; 6 Edw. 7, c.\r\n15; 22 and 23 Geo. 5, c. 39, 44 and 45 Vict. c. 69) and the Fugitive Offenders Act, 1881, in so far as\r\nthey apply to and operate as part of the law of India, are hereby repealed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        }
    ],
    "metadata": {
        "Act ID": "196234",
        "Act Number": "34",
        "Enactment Date": "1962-09-15",
        "Act Year": "1962",
        "Short Title": "The Extradition Act, 1962",
        "Hindi Title": "प्रत्‍यर्पण अधिनियम, 1962",
        "Long Title": "An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto.",
        "Ministry": "Ministry of External Affairs",
        "Enforcement Date": "05-01-1963",
        "Notification": "5th January, 1963, vide Notification No. G.S.R. 55, dated 5th January, 1963, see Gazette of India, Extraordinary, Part II, sec. 3(i)."
    },
    "updated_at": "2026-09-29 21:51:51"
}