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THE EXTRADITION ACT, 1962

Title : THE EXTRADITION ACT, 1962

Year : 1962



(1) This chapter shall apply only to any such1*[foreign State] to which, by reason of an extradition arrangement entered into with that1*[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 such1*[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.

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1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"

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Where a fugitive criminal of any1*[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 that1*[foreign State].

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1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"

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



Where a warrant for the apprehension of a fugitive criminal has been issued in any1*[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.

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1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"

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(1) Any Magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any1*[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.
"may" is equivalent to "shall" depending upon the context.

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1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"

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(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.



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 the1*[foreign State] concerned of the fugitive criminal and for his delivery, at a place and to a person to be named in the warrant.

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1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth countries" (w.e.f. 18th December, 1993).

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Last updated on July, 2016

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