Indian Bare Acts

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THE EXTRADITION ACT, 1962

Title : THE EXTRADITION ACT, 1962

Year : 1962



1[* * * * *].-

(1) A requisition for the surrender of a person accused or convicted of an extradition offence committed in India and who is, or is suspected to be, in any foreign State1[* * * * *] to which Chapter 111 does not apply, may be made by the Central Government-

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

(b) To the Government of that State or country through the diplomatic representative of India in that State2[* * * * *] ; and if neither of these modes is convenient the requisition shall be made in such other mode as is settled by arrangement made by the Government of India with that State2[* * * * *].

(2) A warrant issued by a Magistrate in India for the apprehension of any person who is, or is suspected to be, in any 3*[foreign State] to which Chapter III applies shall be in such form as may be prescribed.

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1. Omitted by Act 666 of 1993, Section 11, for the words "or Commonwealth countries".

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

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

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Any person accused or convicted of an extradition offence who is surrendered or returned by a foreign State1[* * * * *] may, under the warrant of arrest for his surrender or return issued in such State or country be brought into India and delivered to the proper authority to be dealt with according to law.

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

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Whenever any perĀ¬son accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than-

(a) The extradition offence in relation to which he was surrendered or returned; or

(b) Any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or

(c) The offence in respect of which the foreign State has given its consent. ]

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1. Substituted by Act 66 of 1993, Section 12 (w.e.f. 18th December, 1993).

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Last updated on July, 2016

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