EXTRADITION ACT 1962
EmailTHE EXTRADITION ACT, 1962
ACT No. 34 OF 1962
15thSeptember, 1962
An Act to consolidate and amend the law relating to theextradition of fugitive criminals 1 [and to provide for mattersconnected therewith or incidental thereto]
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1. Inserted by the Extradition(Amendment) Act, 1993 (66 of 1993) Section (2).
BE it enacted by Parliament inthe Thirteenth year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title extent andcommencement: (1) ThisAct may be called the Extradition Act, 1962.
(2) It extends to the whole of India.
(3) It shall come into force onsuch date 1 as the Central Government may, by notification inthe official Gazette, appoint.
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1. 5-1-1963 – Vide NotificationNo.G.S.R.55, dated 5–1–1953,Gazette of India, Extraordinary, pt.II, sec.3 (i). p.7
2.Definitions: In this, Act unless the contextotherwise requires
1 [(a) "compositeoffence" means an act or conduct of a person occurred, whole or in part,in a foreign State or in India but its effects or intended effects, taken as awhole, 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 whichunder foreign law is a conviction for contumacy but the term person accusedincludes a person so convicted for contumacy;
2 [(c) "extradition offence" means–
(i) in relation to a foreignState, being a treatyState, an offenceprovided for in the extradition treaty with that Sate;
(ii) in relation to a foreignState other than a treaty State an offence punishable with imprisonment for aterm which shall not be less than one year under the laws of India or of aforeign State and includes a composite offence;]
(d)"extradition treaty means a treaty 3 [, arrangement] madeby India with a foreign State relating to the extradition of fugitive criminaland includes any treaty 3 [, arrangement] relating to theextradition of fugitive criminals made before the 15th day of August, 1947,which extends to, and is binding on, India;
(e) 4[*]
5 [(f) "fugitive criminal" means a person whois accused or convicted of an extradition offence within the jurisdiction of aforeign State and includes a person who, while in India, conspires, attempts tocommit or incites or participates as an accomplice in the commission of anextradition offence in a foreign State;]
(g)"magistrate" means a magistrate of the first class or a presidencymagistrate;
(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 withwhich an extradition treaty is in operation.
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1.Substituted for the original Clause (a) by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 4 (a).
2.Substituted for the original Clause (c) by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 4 (b).
3. Substituted for the words"oragreement" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 4 (c).
4. Thewords "other than a commonwealthcountry" omitted Extradition (Amendment) Act, 1993 (66 of 1993) Section 4(d).
5.Substituted for the original Clause (f) by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 4 (e).
3.Applicationof Act: 1 [(1) The Central Government may.By notified order, direct that the provision of this Act. Other than CheaperIII, shall apply to such foreign State or part thereof as may be specified inthe order.]
(2) TheCentral Government may, by the same notified order as is referred to in sub–section(1) or any subsequent notified order, restrict such application to fugitivecriminals found, or suspected to be, in such part of India as may be specified in theorder.
(3)Where the notified order relates to a treaty State–
(a) itshall set out in full the extradition treaty with that State;
(b) itshall not remain in force for any period longer than that treaty; and
(c) andCentral Government may, by the same or any subsequent notified modificationexceptions conditions and qualifications as may be deemed expedient forimplementing the treaty with the State.
2 [(4) Where there is moextradition treaty made by India with my any foreign State the CentralGovernment may, by notified order, treat any Convention to which India and aforeign State are parties, as an extradition treaty made by India with thatforeign State providing for extradition in respect of the offences specified inthat Convention.]
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1.Substituted for the original Sub-section (1) by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 5 (a).
2. Substituted for the originalSub-section (1) by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 5 (b).
CHAPTER II
EXTRADITION OF FUGITIVE CRIMINALS TOFOREIGN STATES 1 [*] TO WHICH CHAPTERIII DOES NOT APPLY
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1. Thewords "AND TO COMMONWEALTH COUNTRIES" omitted by the Extradition (Amendment) Act,1993 (66 of 1993) Section 6.
4.Requisitionfor surrender: A requisition for the surrender of a fugitivecriminal of a foreign State or a 1 [foreign State] may be madeto the Central Government–
(a) bya diplomatic representative of the foreign State 2[*] at Delhi;or
(b) bythe Government of that foreign State of 1[foreign State] communicating with the Central
Governmentthrough is diplomatic representative in that State of country;
and ifneither of these modes is convenient the requisition shall be made in suchother mode as is settled by arrangement made by the Government of the foreignState of 1[foreign State] with the Government of India.
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
2. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
5.Orderfor magisterial inquiry: Where such requisition is made, theCentral Government may, if it thinks fit, issue an order to any magistrate whowould have had jurisdiction to inquire into the offence if it had been anoffence committed within the local limits of his jurisdiction directing him toinquire into the ease.
6.Issueof warrant for arrest: On receipt of an order of the CentralGovernment under section 5 the magistrate shall issue a warrant for the arrestof the fugitive criminal
7.Procedurebefore magistrate: (1) When the fugitive criminal appears oris brought before the magistrate, the magistrate shall inquire to the case inthe same manner had shall have the same jurisdiction and power, as nearly asmay be, if the case were one tribal by a court of session or High Court.
(2)Without prejudice to the generality of the foregoing provisions, the magistrateshall, in particular take such evidence as may be produced in support of therequisition of the foreign State 1 [*] and on behalf ofthe fugitive criminal, including any evidence to show that the offence of whichthe fugitive criminal is accused or has been convicted is an offence of politicalcharacter or is not an extradition offence.
(3) Ifthe magistrate is of opinion that a prima facie case is not made out in supportof the requisition of the foreign State 1[*],he shall discharge the fugitive criminal.
(4) Ifthe magistrate is of opinion that a prima facie case is made out in support ofthe requisition of the foreign State 1[*], he may commit the fugitive criminal to prison to await the orders ofthe Central Government, and shall report the result of his inquiry to the CentralGovernment; and shall forward together with such report, any written statementwhich the fugitive criminal may desire to submit for the consideration of theCentral Government.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
8.Surrenderof fugitive criminal: If, upon receipt of the report andstatement under sub–section (4) of section 7, the Central Government isof opinion that the fugitive criminal ought to be surrendered to the foreignState 1[*], it may issue a warrant for the custody and removal of the fugitivecriminal and for his delivery at a place and to a person to be named in thewarrant.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
9.Powerof magistrate to issue warrant of arrest in certain cases: (1)Where it appears to any magistrate that a person within the local limits of hisjurisdiction is a fugitive criminal of a foreign State 1[*], he may, if he thinks fit, issue a warrant for the arrest of thatperson on such information and on such evidence as would, in his opinion,justify the issue of a warrant if the offence of which the person is accused orhas been convicted had been committed within the local limits of hisjurisdiction.
(2) Themagistrate shall forthwith report the issue of a warrant under sub–section(1) to the Central Government and shall forward the information, and theevidence or certified copies thereof to that Government.
(3) Aperson arrested on a warrant issued under sub–section (1) shall not bedetained for more than three months unless within that period the magistratereceives from the Central Government an order made with reference to suchperson under section 5.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
10.Receiptin evidence of exhibits depositions and other documents and authenticationthereof: (1) Inany proceedings against a fugitive criminal of a foreign State 1[*] under this Chapter, exhibits and depositions (whether received or takenin the presence of the person against whom they are used or not) and copiesthereof and official certificates of facts and judicial documents stating factsmay, if duly authenticated, be received as evidence.
(2)Warrants, depositions or statements on oath, which purport to have been issuedor taken by any court of justice outside India or copies, thereof, certificatesof, or judicial documents stating the facts of, conviction before any suchcourt shall deemed to be duly authenticated if–
(a) thewarrant purports to be signed by a judge magistrate or officer of the State 2[*] where the same was issued or acting in or for such State 2[*];
(b) thedepositions or statements or copies thereof purport to be certified, under thehand of judge, magistrate of officer of the State 2[*] where the same were taken, or acting in or for such State 2[*], to be the original depositions or statements or to be true copiesthereof, as the case may require;
(c) thecertificate of, or judicial document stating the fact of, a conviction purportsto be certified by a judge, magistrate or officer of the State 2 [*]where the conviction took place or acting in or for such State;
(d) thewarrants, depositions, statements, copies, certificates and judicial documents,as the case may be, are authenticated by the oath of some witness or by theofficial seal of a minister of the State 2[*] where the same were 3 [*]issued taken orgiven.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
2. The words "orcountry" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 3 (a).
3. The words "respectively"by the Extradition (Amendment) Act,1993 (66 of 1993) Section 7.
11.ChapterNot to apply to commonwealth countries to which Chapter III applies: Nothingcontained in this Chapter shall apply to fugitive criminals 1[*] to which Chapter III applies.
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1. Thewords "of a commonwealthcountry" omitted by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 8.
CHAPTER III
RETURN OF FUGITIVE CRIMINALS TO 1 [FOREIGN STATES] WITHEXTRADITION ARRANGEMENTS
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1.Substituted for the words "COMMONWEALTH COUNTRIES" by the Extradition (Amendment) Act,1993 (66 of 1993) Section 9.
12.Applicationof Chapter: (1) This Chapter shall apply only to any such 1[foreign State] to which, by reason of an extradition arrangement entered intowith that 2[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 Governmentmay, by the same or any subsequent notified order, direct that this chapter andChapter I, IV and V shall, in relation to any such 1[foreign State], apply subject to such modifications, exceptions, conditionsand qualifications as it may think fit to specify in the order for the purposeof implementing the arrangement.
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
2. Substituted for the word"country"Extradition (Amendment) Act,1993 (66 of 1993) Section 10.
13.Liabilityof fugitive criminals from commonwealth countries to be apprehended andreturned: Wherea fugitive criminal of a any 1 [foreign State] to whichthis chapter applies is found in India, he shall be liable to be apprehendedand returned in the manner provided by this Chapter to that 1[foreign State].
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
14.Endorsedand provisional warrants: A fugitive criminal may be apprehended inIndia under en endorsed warrant or a provisional warrant.
15.Endorsewarrant for apprehension of fugitive criminal: Where a warrant for theapprehension of a fugitive criminal has been issued in any 1[foreign State] to which this Chapter applies and such fugitive criminal is, oris suspected to be, in India, the Central Government may, if satisfied that thewarrant was issued by a person having lawful authority to issue the same,endorse such warrant in the manner prescribed, and the warrant so endorsedshall be sufficient authority to apprehend the person named in the warrant andto bring him before any magistrate in India.
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1. Substitutedfor the words "commonwealth country" omitted by the Extradition (Amendment) Act, 1993 (66 of1993) Section 3 (b).
16.Provisionalwarrant for apprehension of fugitive criminal:(1) Any magistrate may issuea provisional warrant for the apprehension of fugitive criminal from any 1[foreign State] to which this Chapter applies who is, or is suspected to be, inor on his way of India, on such information and under such circumstances aswould, in his opinion justify the issue of a warrant, if the offence of whichthe fugitive criminal is accused or has been convicted had been committedwithin his jurisdiction and such warrant may be executed accordingly.
(2) Amagistrate issuing a provisional warrant shall forthwith send a report of theissue of the warrant together with the information or a certified copy thereofto the Central Government and the Central Government may, if it thinks fitdischarge the person apprehended under such warrant.
(3) Afugitive criminal apprehended on a provisional warrant may, from time to timebe remanded for such reasonable time, not exceeding seven days at any one time,as under the circumstances seems requisite for the production of an endorsedwarrant.
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
17.Dealingwith fugitive criminal when apprehended: (1) If the magistrate beforewhom a person apprehended under this Chapter is brought, is satisfied oninquiry that the endorsed warrant for the apprehension of the fugitive criminalis duly authenticated and that the offence of which the person is accused orhas been convicted is an extradition offence, the magistrate shall commit thefugitive criminal to prison to await his return and shall forthwith send to theCentral Government a certificate of the committal.
(2) Ifon such inquiry the magistrate is of opinion that the endorsed warrant is notduly authenticated or that the offence of which such person is accused or hasbeen convicted is not an extradition offence, the magistrate may, pending thereceipt of the orders of the Central Government detain such person is custodyor release him on bail.
(3) Themagistrate shall report the result of his inquiry to the Central Government andshall forward together with such report any written statement which thefugitive criminal may desire to submit for the consideration of thatGovernment.
18.Returnof fugitive criminal by warrant: The Central Government may, at any timeafter a fugitive criminal has been committed to prison under this Chapter,issue a warrant for the custody and removal to the 1[foreign State] concerned of the fugitive criminal and for his delivery at aplace and to a person to be named in the warrant.
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
CHAPTER IV
SURRENDER OR RETURN OF ACCUSED ORCONVICTED PERSONS FROM FOREIGN STATES 1[*]
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1. Thewords "OR COMMONWEALTH COUNTRIES" omitted by the Extradition (Amendment) Act,1993 (66 of 1993) Section 11.
19.Modesof requisition or from of warrant for the surrender or return to India ofaccused or convicted person who is in a foreign State 1 [*]:(1) A requisition for the surrender of a person accused or convicted of anextradition offence committed in India and who is or is suspected to be, in anyforeign State or a 2 [foreign State] to whichChapter III does not apply, any be made by the Central Government–
(a) toa diplomatic representative of that State 3[*] at Delhi; or
(b) tothe Government of that State 3 [*] through thediplomatic representative of India in that State 3[*];
and ifneither of these modes is convenient the requisition shall be made in suchorder mode as is settled by arrangement made by the Government of India withthe State 3[*].
(2) Awarrant issued by a magistrate in India for the apprehension of any person whois, or suspected to be, in any 1 [foreign State] to whichChapter III applies shall be in such from as may be prescribed.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
2. Substituted for the words"commonwealth country" omitted by the Extradition (Amendment) Act, 1993 (66 of1993) Section 3 (b).
3. The words "orcountry" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 3 (a).
20.Conveyanceof accused or convicted person surrendered or returned: Anyperson accused or convicted of an extradition offence who is surrendered orreturned by a foreign State 1 [*] may, under thewarrant of arrest for his surrender or return issued in such State 2[*], be brought into India and delivered to the proper authority to bedealt with according to law.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
2. The words "orcountry" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 3 (a).
1 [21.Accused or convicted personsurrendered or returned by foreign State not to be tried for certain offences: Whenever any person accused orconvicted of an offence, which, if committed in India would be an extraditionoffence, 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 thatState, be tried in India for an offence other than –
(a) the extradition offence in relation towhich he was surrendered or returned; or
(b) any lesser offence disclosed by the factsproved for the purposes of securing his surrender or return other than anoffence in relation to which an order for his surrender or return could mot belawfully made; or
(c) the offence in respect of which theforeign State has given its consent.]
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1.Substituted for the original Section 21 by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 12.
CHAPTER V
MISCELLANEOUS
22.Liabilityof fugitive criminals to be arrested and surrendered or returned: Everyfugitive criminal of a foreign State 1[*]shall, subject to the provision of this Act, be liable to be arrested andsurrendered or returned whether the offence in respect of which the surrenderor 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.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
23.Jurisdictionas to offences committed at sea or in air: Where the offence inrespect of which the surrender or return of a fugitive criminal is soughtcriminal is sought was committed on board any vessel on the high seas oraircraft while in the air outside India or the Indian territorial waters whichcomes into any port or aerodrome of India, the Central Government and anymagistrate having jurisdiction in such port or aerodrome may exercise thepowers conferred by this Act.
24.Dischargeof person apprehend if Not surrender or returned within two months: If afugitive criminal who, in pursuance of this Act, has been committed to prisonto await his surrender or return to any foreign State 1[*] 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 fugitivecriminal and upon proof that reasonable notice of the intention to make suchapplication has been given to the Central Government may order such prisoner tobe discharged unless sufficient cause is shown to the country.
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
25.Releaseof persons arrested on bail: In the case of person who is a fugitivecriminal arrested or detained under this Act, the provision of 1 [the Code of Criminal Procedure,1973 (2 of 1974)], relating to bail shall apply in the same manner asthey would apply if such person were accused of committing in India the offenceof which he is accused for has been convicted, and in relation to such bail,the magistrate before whom the fugitive criminal is brought shall have, as faras may be, the same powers and jurisdiction as a court of session under thatCode.
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1.Substituted for the words and figures "the Code of Criminal Procedure1898" by the Extradition(Amendment) Act, 1993 (66 of 1993) Section 13.
26.Abetmentof extradition offences: A fugitive criminal who is accused or convictedof abetting 1 [, conspiring, attempting to commit, inciting orparticipating as an accomplice in the commission of] any extradition offenceshall be deemed for the purposes of this Act to be accused or convicted ofhaving committed such offence and shall be liable to be arrested andsurrendered accordingly.
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1.Inserted by the Extradition(Amendment) Act, 1993 (66 of 1993) Section 14.
27.Lawfulnessof,and re-taking on escape on escape from custody under warrants: It shall belawful for any person to whom a warrant is directed for the apprehension of afugitive criminal to hold in custody and convey the person mentioned in thewarrant to the place named in the warrant, and if such person escapes out ofany custody to which the may be delivered in pursuance of such warrant, he maybe re–taken as a person accused of an offence against the law of Indiamay be re–taken upon an escape.
28.Propertyfound on fugitive criminal: Everything found in the possession of afugitive criminal at the time of his arrest which may be material as evidencein proving the extradition offence may be delivered up with the fugitivecriminal on his surrender or return subject to the rights, if any, of thirdparties with respect thereto.
29.Powerof Central Government to discharge any fugitive criminal: If itappears to the Central Government that by reason of the trivial nature of thecase of by reason of the application for the surrender or return of a fugitivecriminal not being made in good faith or in the interest of justice or forpolitical reason or otherwise, it is unjust or inexpedient to surrender orreturn the fugitive criminal it may, by order, at any time stay any proceedingsunder this Act and direct any warrant issued or endorsed under this Act to becancelled and the person for whose arrest the warrant has been issued orendorsed to be discharged.
30.Simultaneousrequisitions: If requisition for the surrender of a fugitivecriminal are received from more than one foreign State of 1[*], the Central Government may, having regard to the circumstance of thecase surrender the fugitive criminal to such State 2[*] as that Government thinks fit.
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1. Thewords "or commonwealth country or fromany foreign State and any commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 15.
2. Thewords "or country" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 3 (a).
31.Restrictionson surrender: 1 [(1)] A fugitive criminalshall not be surrendered or returned to a foreign State 2[*] –
(a) ifthe offence in respect of which his surrender is sought is of a politicalcharacter or if he proves to the satisfaction of the magistrate or court beforewhom the he may be produced or of the Central Government that the requisitionor warrant for his surrender has, in fact, been made with a view to try orpunish him for an offence of a political character;
(b) ifprosecution for the offence in respect of which his surrender is sought isaccording to the law of that State 3[*]barred by time;
4 [(c) unless provision is made by that law of theforeign State or in the extradition treaty with the foreign State that thefugitive criminal shall not be determined or tried in that State for an offenceother than –
(i) the extradition offence in relation towhich he is to be surrendered or returned:
(ii) any lesser offence disclosed by the factsproved for the purpose of securing his surrender or return other than anoffence in relation to which an order for his surrender or return could not belawfully made; or
(iii) the offence in respect ofwhich the Central Government has given its consent;]
(d) ifhe has been accused of some offence in India, not being the offence for whichhis surrender or return is sought or is undergoing sentence under anyconviction in India until after he has been discharged whether byacquittal or an expiration of his sentence or otherwise;
(e)until after the expiration of fifteen days from the date of his being committedto prison by the magistrate.
5 [(2) For the purposes of sub–section(1), the offences specified in the Schedule shall not be regarded as offencesof a political character.
(3) The Central Governmenthaving regard to the extradition treaty made by India any foreign State may, bynotified order, add or omit any offence from the list given in the Schedule.]
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1.Section 31 renumbered as Sub-section (1) by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 16.
2. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
3. The words "orcountry" by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 3 (a).
4. Substituted for the originalClause (c) by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 16 (a).
5. Sub-sections (2) and (3)inserted by the Extradition (Amendment) Act, 1993 (66 of 1993) Section 16 (b).
32.Section29 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 toevery foreign State 1[*].
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1. Thewords "or commonwealth country" by the Extradition (Amendment) Act, 1993 (66 of 1993)Section 3 (a).
33.ActNot to affect the Foreigners Act, 1946: Nothing in this Act shallaffect the provision of the Foreigners Act, 1946, or any order made thereunder.
34.Applicationof Act to Republic of Ireland: The provisions of this Act shall apply inrelation to the Republic of Ireland in the like manner and subject to the likeconditions as they apply in relation to a 1[foreign State].
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
* [34.Extra territorialjurisdiction: Anextradition offence committed by any person in a foreign State shall be deemedto have been committed in India and such person shall be liable to be prosecutedin India for such offence.
34A.Prosecution on refusal toextradition: Wherethe Central Government is of the opinion that a fugitive criminal cannot besurrendered or returned pursuant to a request for extradition from a foreignState, it may, as it thinks fit, take steps to prosecute fugitive criminal inIndia.
34B.Provisional arrest: (1) On receipt of an urgentrequest from a foreign State for the immediate arrest of a fugitive criminal,the Central Government may request the Magistrate having competent jurisdictionto issue a provisional warrant for the arrest of such fugitive criminal.
(2) A fugitive criminalarrested under sub–section (1) shall be discharged upon the expirationof sixty days from the date of his arrest if no request for his surrender orreturn is received within the said period.
34C.Provision of life imprisonment for deathpenalty: Notwithstanding anythingcontained in any other law for the time being in force, where a fugitivecriminal, who has committed an extradition offence punishable with death inIndia, is surrendered or returned by a foreign State on the request of theCentral Government and the laws of stat foreign State do not provide for adeath penalty for such an offence, such fugitive criminal shall lobe liable forpunishment of imprisonment for life only for that offence.]
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1.Section 34, 34A, 34B and 34C substituted for the original Section 34 by the Extradition (Amendment) Act,1993 (66 of 1993) Section 3 (b).
35.Notifiedorders Notifications to be laid before Parliament: Every notified order madeor notification issued under this Act shall, as soon as be after it is made orissued, be laid before each House of Parliament.
36.Powerto make rules: (1) The Central Government may, by notification inthe Official Gazette, make rules to carry out the purposes of this Act.
(2) Inparticular, and without prejudice to the generality of the forgoing power, suchrules may provide for all or any of the following matters, namely: –
(a) theform in which a requisition for the surrender of a fugitive criminal may bemade;
(b) theform in which a warrant for the apprehension of any person in a 1[foreign State] to which Chapter III applies may be made;
(c) themanner in which any warrant may be endorsed or authenticated under this Act;
(d) theremoval of fugitive criminals accused or in custody under this Act and theircontrol and maintenance until such time as they are handed over to the personnamed in the warrant as entitled to receive them;
(e) theseizure and disposition of any property which is the subject of, or requiredfor proof of, any alleged offence to which this Act applies;
(f) theform and manner in which or the channel through which a magistrate may berequired to make his report to the Central Government under this Act;
(g) anyother 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 ismade before each House of Parliament while it is session for a total period ofthirty days which may be comprised in one session or 2 [intwo or more successive sessions and if, before the expiry of the sessionimmediately following the session or the successive sessions aforesaid], bothHouses agree in making any modification in the rule, or both Houses agree thatthe rule should not be made, the rule shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so however that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under this rule.
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1.Substituted for the words "commonwealth country" omitted by the Extradition (Amendment)Act, 1993 (66 of 1993) Section 3 (b).
2.Substituted for the words "in two successive sessions, and if before theexpiry of the session in which it is so laid or the session immediatelyfollowing" by the Delegated Legislation Provisions (Amendment) Act, 1985(4 of 1986) Section 2 and Schedule Sl. No. 66 (w. e. f. 15-5-1986).
37.Repealsand savings: (1) The Indian Extradition Act, 1903 (15 of 1908),and any law corresponding thereto in force at the commencement of this Act inthe territories which, immediately before the 1st day of November 1956, werecomprised in Part B States and the New East Frontier Agency and TuensangDistrict (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.
(2) 33and 34 vict.c.52 36 and 37 Vict c.60 6Edw.7,c 15;22 and 23 Geo.5, c, 39; 44 and45 Vict c.69: The Extradition Acts, 1870 to 1932 and the Fugitive OffendersAct, 1881, in so far as they apply to and operate as part of the law of India,are hereby repealed.
1 [THE SCHEDULE
(Seesection 31 (2)
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1. The Schedule substituted forthe First Schedule and Second Schedule by the Extradition (Amendment) Act, 1993(66 of 1993) Section 18.
OFFENCES WHICH ARE NOT TO BE REGARDED AS OFFENCES OF A POLITICALCHARACTER
The following list of offences is to beconstrued according to the law in force in India on the date of the allegedoffences. Wherever the names of the relevant Acts are not given, the sectionsreferred to are the sections of the Indian Penal Code (45 of 1860): –
1.Offences under the Anti–HijackingAct, 1982 (65 of 1982).
2.Offences under theSuppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of1982).
3.An offence within the scopeof the Convention on the punishment of crimes against Internationally protectedpersons including diplomatic agents, opened for signature at New York on 14thDecember, 1973.
4.An offence within the scopeof the International Convention against the taking of hostages opened forsignature at New York on 18th December, 1979.
5.Culpable homicide, murder(sections 299 to 304).
6.Voluntarily causing hurt orgrievous hurt by a dangerous weapon or means (sections 321 to 333)
7.Offences under the ExplosiveSubstances Act, 1908 (6 of 1908).
8.Possession of a fire arm ofammunition with intention to endanger life (section 27 of the Arms Act, 1959(54 of 1959)).
9.The use of a fire arm withintention to resist or prevent the arrest of detention (section 28 of the ArmsAct, 1959 (54 or 1959)).
10.Causing of loss or damage toproperty used for public utilities or otherwise with intention to endanger life(section 425 read with section 440).
11.Wrongful restraint andwrongful confinement (sections 339 to 348).
12.Kidnapping and abductionincluding taking of hostages (sections 359 to 369).
13.Offences related toterrorism and terrorist acts [Terrorist and Disruptive Activities (Prevention)Act, 1987 (28 of 1987)].
14.Abetting conspiring orattempting to commit, inciting, participating as an accomplice in thecommission of any of the offences listed above.]
