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THE EXTRADITION ACT, 1962

Title : THE EXTRADITION ACT, 1962

Year : 1962



A requisition for the surrender of a fugitive criminal of a foreign State1[* * * * *] may be made to the Central Government-

(a) By a diplomatic representative of the foreign1[* * * * *] at Delhi; or

(b) By the Government of that foreign State1[* * * * *] 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 State1[* * * * *] with the Government of India.

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1. Omitted by Act 66 of 1993, Section 3.

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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.



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.



(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 maybe, 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 1 [* * * * *], and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal accused or has been convicted is an offence of political character or is not an extradition offence.

(3) If the Magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign State 1 [*] , he shall discharge the fugitive criminal.

(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign State 1 [* * * * *], 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, and written statement which the fugitive criminal may desire to submit for the consideration of the Central Government.

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1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

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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 State1[***], it may issue a warrant for the custody and removal of the fugitive criminal and of his delivery at a place and to a person to be named in the warrant.

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1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

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(1) Where it appears to any Magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a foreign State1[* * * * *], he may, if he thinks fit, issue a warrant for the arrest of that person on such information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction.

(2) The Magistrate shall forthwith report the issue of a warrant under sub-section (1) to the Central Government and shall forward the information, and the evidence, or certified copies thereof to that Government.

(3) A person arrested on a warrant issued under sub-section (1) shall not be detained for more than three months unless within that period the Magistrate receives from the Central Government an order made with reference to such person under Section 5.

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1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

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(1) In any proceedings against a fugitive criminal of a foreign State1[* * * * *] under this chapter, exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof and official certificates of facts and judicial documents stating facts may, if duly authenticated, be received as evidence.

(2) Warrants, depositions or statement 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 stating the facts of conviction before any such Court shall be deemed to be duly authenticated if-

(a) The warrant purports to be signed by a Judge. Magistrate or officer of the State2[* * * * *] where the same was issued or acting in or of such State2[***]

(b) The depositions of statements or copies thereof purport to be certified under the hand of a Judge, Magistrate or officer of the State or country where the same were taken or acting in or for such State or country, to be original depositions or statements or to be true copies thereof, as the case may require ;

(c) The certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State2[* * * * *] 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 State2[* * * * *] where the same were3[* * * * *] issued, taken or given.

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1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

2. Omitted by Act 66 of 1993, Section 3, for the words "or country".

3. Omitted by Section 7, Act 66 of 1993, (w.e.f. 18th December, 1993), for the Word "respectively".

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Nothing contained in this chapter shall apply to fugitive criminals
1[*]  to which Chapter 111 applies.

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1. Omitted by Act 66 of 1993, Section 8 for the word "country" (w.e.f. 18th December, 1993).

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Last updated on July, 2016

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