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THE EXTRADITION ACT, 1962

Title : THE EXTRADITION ACT, 1962

Year : 1962



Every fugitive criminal of a foreign State or Commonwealth country shall, subject to the provisions of this Act, be liable to be arrested and surrendered or returned, whether the offence in respect of which the surrender or 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.



Where the offence in respect of which the surrender or return of a fugitive criminal is sought was committed on board any vessel on high seas or any aircraft while in the air outside India or the Indian territorial waters which comes into any port or aerodrome of India, the Central Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this Act.



If a fugitive criminal who, in pursuance of this Act, has been committed to prison to await his surrender or return to any foreign State1[* * * * *] 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 fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Central Government may order such prisoner to be discharged unless sufficient cause is shown to the contrary.

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

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In the case of a person who is a fugitive criminal arrested or detained under this Act, the provisions of1*[the Code of Criminal Procedure, 1973 (2 of 1974)], relating to bail shall apply in the same manner as they would apply if such person were accused of committing in India the offence of which he is accused or has been convicted and in relation to such bail, the Magistrate before whom the fugitive criminal is brought shall have, as far as may be, the same powers and jurisdiction as a Court of Session under that Code.

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

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A fugitive criminal who is accused or convicted of abetting 1*[conspiring, attempting to commit, inciting or participating as an accomplice in the commission of] any extradition offence shall be deemed for the purposes of this Act to be accused or convicted of having committed such offence and shall be liable to be arrested and surrendered accordingly.

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1. Omitted by Act No. 66 of 1993, Section 15

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It shall be lawful for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in custody and convey the person mentioned in the warrant to the place named in the warrant and if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person accused of an offence against the law of India (may be re-taken) upon an escape.



Everything found in the possession of a fugitive criminal at the time of his arrest which may be material as evidence in proving the extradition offence may be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any, of third parties with respect thereof.



If it appears to the Central Government that by reason of the trivial nature of the case or by reason of the application for the surrender or return of a fugitive criminal not being made in good faith or in the interests of justice or for political reasons or otherwise, it is unjust or inexpedient to surrender or return the fugitive criminal, it may, by order at any time stay any proceedings under this Act and direct any warrant Issued or endorsed under this Act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged.



If requisitions for the surrender of a fugitive criminal are received from more than one foreign State1[* * * * *], the Central Government may, having regard to the circumstances of the case surrender the fugitive criminal to such State2[* * * * *] as that Government thinks fit.

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1. Omitted by Act No. 66 of 1993, Section 15

2. Omitted by Act No. 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

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1*[(1)] A fugitive criminal shall not be surrendered or returned to a foreign State or Commonwealth country-

(a) If the offence in respect of which his surrender is sought is of a political character or if he proves to the satisfaction of the Magistrate or Court before whom he may be produced or of the Central GovernĀ¬ment that the requisition or warrant for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character;

(b) If prosecution for the offence in respect of which his surrender is sought is according to the law of that State or country barred by time;

2*[(c) unless provision is made by that law of the foreign State or in the extradition treaty with the foreign State that fugitive criminal shall not be determined or tried in that State for an offence other than-

(i) The extradition offence in relation to which he is to be surrendered or returned;

(ii) 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

(iii) The offence in respect of which the Central Government has given its consent;]

(d) If he has been accused of some offence in India, not being the offence for which his surrender or return is sought or is undergoing sentence under any conviction in India until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;

(e) Until after the expiration of fifteen days from the date of his being committed to prison by the Magistrate.

3*[(2) For the purposes of sub-section (1), the offences specified in the Schedule shall not be regarded as offences of a political character.

(3) The Central Government having regard to the extradition treaty made by India with any foreign State may, by notified order, add or omit any offence from the lists given in the Schedule.]

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1. Renumbered by Act No. 66 of 1993, Section 16.

2. Substituted by Act No. 66 of 1993, Section 16 (w.e.f. 18th December, 1993).

3. Inserted by Act No. 66 of 1993, Section 16 (w.e.f. 18th December, 1993).

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Notwithstanding anything to the contrary contained in Section 3 or Section 12 the provisions of Secs. 29 and 31 shall apply without any modification to every foreign State1[* * * * *].

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1. Omitted by Act No. 66 of 1993, Section 3. (w.e.f. 18th December, 1993).

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Nothing in this Act shall affect the provisions of the Foreigners Act, 1946 (31 of 1946), or any order made thereunder.



An extradition offence committed by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence.

34A - Prosecution on refusal to extradition

Where the Central Government is of the opinion that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a foreign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India.

34B - Provisional arrest

(1) On receipt of an urgent request from a foreign State for the immediate arrest of a fugitive criminal, the Central Government may request the Magistrate having competent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal.

(2) A fugitive criminal arrested under sub-section (1) shall be discharged upon the expiration of sixty days from the date of his arrest if no request for his surrender or return is received within the said period.

34C - Provision of life imprisonment for death penalty

Notwithstanding anything contained in any other law for the time being in force, where a fugitive criminal, who has committed an extradition offence punishable with death in India, is surrendered or returned by a foreign State on the request of the Central Government and the laws of that foreign State do not provide for a death penalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for life only for that offence.

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1. Substituted by Act No. 66 of 1993, Section 17 (w.e.f. 18th December, 1993).

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Every notified order made or notification issued, under this Act shall, as soon as may be after It is made or issued, be laid before each House of Parliament.



(1) The Central Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) The form in which a requisition for the surrender of a fugitive criminal may be made ;

(b) The form in which warrant for the apprehension of any person in a1*[foreign State] to which Chapter III applies may be made;

(c) The manner in which any warrant may be endorsed or authenticated under this Act ;

(d) The removal of fugitive criminals accused or in custody under this Act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them ;

(e) The seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies;

(f) The form and manner in which or the channel through which Magistrate may be required to make his report to the Central Government under this Act;

(g) Any other 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 is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or2[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification In the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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

2. Substituted by Act 4 of 1986, Schedule, (w.e.f. 15th May, 1986) vide G.S.R. 764 (E), dated 15th May, 1986.

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(1) The Indian Extradition Act, 1903 (15 of 1903), and any law corresponding thereto in force at the commencement of this Act In the territories which immediately before the 1st day of November, 1956, were comprised in Part B States and the North East Frontier Agency and Tuensang District (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.

(2) The Extradition Acts, 1870 to 1932 (33 & 34 Vict. c. 52; 36 & 37 Vict, c. 60; Edw. 7, c. 15; 22 & 23 Geo. 5, c. 39; 44 & 45 Vict., c. 69) and the Fugitive Offenders Act, 1881, in so far as they apply to and operate as part of the law of India, are hereby repealed.

Schedule I 

EXTRADITION TREATY BETWEEN INDIA AND SWITZERLAND

1*[THE SCHEDULE
[See Section 31 (2)]

Offences which are not to be Regarded as Offences of a Political Character

The following list of offences is to be construed according to the law in force in India on the date of the alleged offence. Wherever the names of the relevant Acts are not given, the sections referred to are the sections of the Indian Penal Code (45 of 1860):-

1.Offences under the Anti-Hijacking Act, 1982 (65 of 1982).

2.Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982).

3.An offence within the scope of the Convention on the punishment of crimes against Internationally protected persons including diplomatic agents, opened for signature at New York on 14th December, 1973.

4.An offence within the scope of the International Convention against the taking of hostages opened for signature at New York on 18th December, 1979.

5.Culpable homicide, murder (Sections 299 to 304).

6.Voluntarily causing hurt or grevious hurt by a dangerous weapon or means(Sections 321 to 333).

7.Offences under the Explosive Substances Act, 1908 (6 of 1908).

8.Possession of a fire-arm or ammunition with intention to endanger life [Section27 of the Arms Act, 1959 (54 of 1959)1*.

9.The use of a fire-arm with intention to resist or prevent the arrest or detention [Section 28 of the Arms Act, 1959 (54 of 1959)].

10.Causing of loss or damage to property used for public utilities or otherwise with intention to endanger life (Section 425 read with section 440).

11.Wrongful restraint and wrongful confinement (Sees. 339 to 348).

12.Kidnapping and abduction including taking of hostages (Sees. 359 to 369).

13.Offences related to terrorism and terrorist acts [Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987).

14.Abetting, conspiring or attempting to commit, inciting, participating as an accomplice in the commission of any of the offences listed above.]

EXTRADITION TREATY BETWEEN INDIA AND SWITZERLAND
G.S.R.462 (E), dated 9th October, 1996 2* .-

Whereas the Extradition Treaty between the United Kingdom of Great Britain and Ireland, and the Swiss Federal Council was concluded and signed at Berne on the 26th November, 1880, as amended by the Convention dated the 29th June, 1904, are considered to be in force between India and Switzerland:

And whereas the Central Government in exercise of the powers conferred by sub-section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), had directed by an order number G.S.R. 56, dated the 5th January, 1963 that the provisions of the said Act, other than Chapter III shall apply to Switzerland;

Now, therefore, in exercise of the powers conferred by sub-section (3) of Section 3of the said Act, the Central Government hereby sets out the aforesaid Treaty asunder:-

"ARTICLE I

Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland engages to deliver up, under the circumstances and on the conditions stipulated in the present Treaty, all persons, and the Swiss Federal Council engages to deliver up, under the like circumstances and conditions, all persons, excepting Swiss citizens, who, having been charged with, or convicted by the Tribunals of one of the two High Contracting Parties of the crimes or offences enumerated in Art.II, committed in the territory of the one party, shall be found within the territory of the other.

In the event of the Federal Council being unable, by reason of his Swiss nationality, to grant the extradition of an individual, who, after having committed in the United Kingdom one of the crimes or offences en-umberated in Art. II, should have taken refuge in Switzerland, the Federal Council engages to give legal effect to and prosecute the charge against him according to the laws of the Canton of his origin; and the Government of the United Kingdom engages to communicate to the Federal Council all documents, depositions, and proofs relating to the case, and to cause the commissions of examination directed by the Swiss Judge, and transmitted through the proper Diplomatic channel, to be executed gratuitously.

ARTICLE II

The crimes for which the extradition is to be granted are the following:-

1.Murder (including infanticide) and attempt to murder.

2.Manslaughter.

3.Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money.

4.Forgery, or counterfeiting, or altering, or uttering what is forged, or counterfeited, or altered; comprehending the crimes designated in the Penal Codes of both States as counterfeiting or falsification of paper money, banknotes, or other securities, forgery, or falsification of other public or private documents, likewise the uttering or bringing into circulation, or willfully using such counterfeited, forged or falsified papers.

5.Embezzlement or larceny,

6.Obtaining money or goods by false pretences.

7.Crimes against bankruptcy law.

8.Fraud committed by a bailee, banker, agent, factor, trustee, or director, or member of public officer of any Company made criminal by any law for the time being in force.

9.Rape.

10.Abduction of minors

11.Child stealing or kidnapping.

12.Burglary, or house breaking, with criminal intent.

13.Arson.

14.Robbery with violence.

15.Threats by letter or otherwise with intent to extort.

16.Perjury or subornation or perjury.

17. Malicious injury to property, if the offence be indictable.

The extradition is also to take place for participation in any of the aforesaid crimes, as an accessory before or after the fact, provided such participation be punishable by the laws of both Contracting Parties.

ARTICLE III

A fugitive criminal may be apprehended in either country under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority Issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting parties in which the Magistrate, Justice of the Peace, or other competent authority exercises jurisdiction: provided, however, that, in the United Kingdom, the accused shall, In such case, be sent as speedily as possible before a Police Magistrate in London.

Requisitions for provisional arrest may be addressed by post or by telegraph, provided they purport to be sent by some judicial or other competent authority. Such requisitions must contain a description in general terms of the crime or offence, and a statement that a warrant has been granted for the arrest of the criminal, and that his extradition will be demanded.

He shall in accordance with this Article be discharged, as well in the United Kingdom as in Switzerland, if within the term of thirty days a requisition for extradition shall not have been made by the Diplomatic Agent of the country claiming his surrender in accordance with the stipulations of this Treaty.

ARTICLE IV

The requisition for extradition must always be made by the way of diplomacy, and to wit, in Switzerland by the British Minister to the President of Confederation, and in the United Kingdom to the Secretary of State for Foreign Affairs by the Swiss Counsel-General in London, who, for the purposes of this Treaty, is here by recognized by Her Majesty as a Diplomatic Representative of Switzerland.

ARTICLE V

In Switzerland the manner of proceeding shall be as follows:-

The requisition for the extradition of an accused person must be accompanied by an authentic copy of the warrant of arrest, issued by a competent official or Magistrate, clearly setting forth the crime or offence of which he is accused, together with a properly legalized information setting forth the facts and evidence upon which the warrant was granted.

If the requisition relates to a person already convicted must be accompanied by an authentic copy of the sentence/conviction, setting forth the crime or offence of which he has been convicted.
The requisition must be accompanied by a description of the person claimed, and, if it be possible, by other information and particulars which may serve to identify him.

After having examined these documents, the Swiss Federal Council shall communicate them to the Cantonal Government in whose territory the person charged is found, in order that he may be examined by a judicial or police officer on the subject of their contents.

The Cantonal Government will transmit the procesuerbal, of the examination, together with all the documents, accompanied, if there be one. by a more detailed report to the Federal Council, who, after having examined them, and there be no opposition on either side, will grant the extradition, and will communicate its decision both to the British Legation and to the Cantonal Government in question, to the latter in order that it may send the person to be surrendered to such place on the frontier, and deliver him to such foreign police authority as the British Legation may name in each special case.

Should the documents furnished with a view of proving the facts, or a establishing the identity of the accused, or the particulars collected by the Swiss authorities appear insufficient, notice shall be immediately given to the Diplomatic Representative of Great Britain, in order that he may furnish further evidence if such further evidence be not furnished within fifteen days the person arrested shall be set at liberty.

In the event of the application of this Treaty being contested, the Swiss Federal Council will transmit the documents ("dossier") to the Swiss Federal Tribunal, whose duty it is to decide definitely the question whether extradition should be granted or refused.
The Federal Council will communicate the judgment of the Federal Tribunal to the British Legation. If this judgment grants the extradition the Federal Council will order its execution, as in the case when the Federal Council itself grants the extradition. If, on the other hand, the Federal Tribunal refuses the extradition, the Federal Council will immediately order the person accused to beset at liberty.

ARTICLE VI

In the dominions of Her Britannic Majesty, other than the Colonies or foreign possessions of Her Majesty, the manner of proceeding shall be as follows:-

(a)In the case of a person accused.-

The requisition for the surrender shall be made to Her Britannic Majesty's Principal Secretary of State for Foreign Affairs by the Diplomatic Representative of the Swiss confederation. The said demand shall be accompanied by a warrant of arrest, or other equivalent judicial document, issued by a Judge or Magistrate duly authorized to take cognizance of the acts charged against the accused in Switzerland, and duly authenticated depositions or statements taken on oath, or solemnly declared to be true, before such Judge or Magistrate, clearly setting forth the said acts, and containing a description of the person claimed, and any particulars which may serve to identify him.

The said Principal Secretary of State shall transmit such documents to Her Britannic Majesty's Principal Secretary of State for the Home Department, who shall then, by order under his hand and seal, signify to some Police Magistrate in London that such requisition has been made, and require him, if there be due cause, to issue his warrant for the apprehension of the fugitive.

On the receipt of such order from the Secretary of State, and on the production of such evidence as would, in the opinion of the Magistrate, justify the issue of the warrant if the crime had been committed in the United Kingdom, he shall issue his warrant accordingly.

When the person claimed shall have been apprehended, he shall be brought before the Magistrate who issue the warrant, or some other Police Magistrate in London. If the evidence to be then produced shall be such as to justify, according to the law of England, the committal for trial of the prisoner, if the crime of which he is accused had been committed in the United Kingdom, the Police Magistrate shall commit him to prison to await the warrant of the Secretary of State for his surrender, sending immediately to the Secretary of State a certificate of the committal and a report upon the case.

After the expiration of a period from the committal of the prisoner, which shall never be less then fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal to be sent to such seaport-town as shall, in each, special case, be selected for his delivery to the Swiss Government.

(b) In the case of a person convicted,-

The course of proceeding shall be the same as in the case of a person accused, except that the warrant to be transmitted by the Diplomatic Representative of Switzerland in support of his requisition shall clearly set forth the crime or offence of which the person claimed has been convicted, and state the place and date of his conviction.

The evidence to be produced shall consist of the penal sentence passed against the convicted person by the competent Court of the State claiming his extradition.

(c) Person convicted by judgment in default or arrdtdc contumace shall be, in the matter of extradition, considered as persons accused, and may, as such, be surrendered.

(d) After the Police Magistrate shall have committed the accused or convicted person to prison to await the order of a Secretary of State for his surrender, such person, shall have the right to apply for a writ of habeas corpus; if he should so apply, his surrender must be deferred until after the decision of the Court upon the return to the writ, and even then can only take place if the decision is adverse to the applicant. In the latter case, the Court may at once order his delivery to the person authorized to receive him, without waiting for the order of a Secretary of State for his surrender, or commit him to prison to await such order.

ARTICLE VII

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as entirely valid evidence the depositions or statements of witnesses, either sworn or solemnly declared to be true, taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, or copies thereof, provided such documents purport to be signed or copies thereof, provided such documents purport to signed or certified by a Judge, Magistrate, or officer of such State, and are authenticated by the official seal of a British Secretary of State, or of the Chancellor of the Swiss Confederation being affixed thereto.

The personal attendance of witnesses can be required only to establish the identity of the person who is being proceeded against with that of the person arrested.

ARTICLE VIII

If proof sufficient to warrant the extradition be not furnished within two months from the day of the apprehension, the person arrested shall be discharged from custody.

ARTICLE IX

In cases where it may be necessary, the Swiss Government shall be represented at the English Courts by the Law Officer of the Crown, and the English Government in the Swiss Courts by the competent Swiss authorities.

The respective Government will give the necessary assistance within their territories to the Representatives of the other State who claim their, intervention for the custody and security of the persons subject to extradition.

No claim for the repayment of expenses for the assistance mentioned in this ARTICLE shall be made by either of the Contracting parties.

ARTICLE X

The present Treaty shall apply to crimes and offences committed prior to the signature of the Treaty; but a person surrendered shall not be tried for any crime or offence committed in the other country before the extradition other than the crime for which his surrender has been granted.

ARTICLE XI

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he proved that the requisition for his surrender has, in fact, been made with a view to try and punish him for an offence of political character.

ARTICLE XII

The extradition shall not take place If, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired according to the laws of the State applied to.

ARTICLE XIII

The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Swiss Government, has already been tried and discharged or punished, or is still under trial, in one of the Swiss Cantons or in the United Kingdom respectively, for the crime for which his extradition is demanded.

ARTICLE XIV

If the person claimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Swiss Government, should be under examination, or have been condemned for any other crime, in one of the Swiss Cantons or in the United Kingdom respectively, his extradition may be deferred until he shall have been set at liberty in due course of law.

In case such individual should be proceeded against in the country in which he has taken refuge, on account of obligations contracted towards private individuals, his extradition shall, nevertheless, take place, the injured party retaining his right to prosecute his claims before the competent authority.

ARTICLE XV

If the individual claimed by one of the two High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers, on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE XVI

All articles, seized, which were in the possession of the person to be surrendered at the time of his apprehension, shall, if the competent authority of the State applied for the extradition has ordered the delivery thereof, be given up when the extradition takes places, and the said delivery shall extend not merely to the stolen articles, but to every thing that may serve as a proof of the crime.

This delivery shall take place even when the extradition, after having been granted, cannot be carried out by reason of the escape or death of the individual claimed, unless the claims of third parties with regard to the above-mentioned articles render such delivery inexpedient.

ARTICLE XVII

The Contracting Parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance to the frontiers of the State to which the requisition is made; they reciprocally agree to bear such expenses themselves.

ARTICLE XVIII

The stipulations of the present Treaty shall be applicable to the Colonies and foreign possession of her Britannic Majesty.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign possessions shall be made to the Governor or to the supreme authority of such colony or possession through the Swiss Consul residing there, or in case there should be no Swiss consul, through the recognized Consular Agent of another State charged with the Swiss Interests in the Colony or possession in question.

The Governor or supreme authority above-mentioned shall decide with regard to such requisitions as nearly as possible in accordance with the provisions of the present Treaty. He will, however, be at liberty either to consent to the extradition or report the case to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of such Individuals as shall have committed in Switzerland any of the crimes here in before mentioned, who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, of the provisions of the present Treaty.
The requisition for the surrender of a fugitive criminal from any Colony or foreign possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the present Treaty.

ARTICLE XIX

The present Treaty shall come into force ten days after its publication in conformity with the forms prescribed by the laws of the High Contracting Parties.

After the Treaty shall have come into force, the Treaty concluded between the High Contracting Parties on the 31st of March, 1874, shall be considered as cancelled, except as to any proceedings that may have been already taken or commenced in virtue thereof.

It may be terminated by either of the High Contracting Parties, on giving to the other party six months' notice of its intention to terminate the same, but no such notice shall exceed the period of one year.

The Treaty shall be ratified, and the ratifications shall be exchanged at Berne as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Berne, the twenty-sixth day of November, in the year of our Lord one thousand eight hundred and eighty".

The Convention dated 29th June, 1904 provides as follows:-

The Federal Council of the Swiss Confederation and the Government of His Majesty the King of the United Kingdom of Great Britain and Ireland, having deemed, it necessary to extend, so far as regards the relations of Switzerland with the British Colonies and foreign possessions, the periods of thirty days and two months respectively fixed by Art. III, paragraph 8, and Art. VIII, of the Treaty concluded on the 26th November, 1880, between the Swiss Federal Council and Her late Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, & c., respecting the extradition of persons accused or condemned, the Undersigned, duly authorized to that effect by their respective Governments, have agreed as follows:-

The following stipulation is added to the first paragraph of Art. XVIII of the Treaty of Extradition:

"Nevertheless, so far as regards the relations of Switzerland with these Colonies and foreign possessions, the period of time fixed by Art. III paragraph 8, within which the requisition for extradition is to be made through the diplomatic channel, shall be six weeks; and that provided by Art. VIII for the production of proof sufficient to warrant the extradition shall be three calendar months."

The present Convention shall come into force from the date when the ratifications shall be exchanged, it shall have the same force and duration, as the Treaty of Extradition of the 26th November, 1880, to which it relates.

It shall be ratified, and the ratifications shall be exchanged at London as soon as possible.

In witness whereof the Undersigned have signed the present Convention, and have affixed their seals thereto.Done at London, in duplicate, the 29th day of June, 1904.

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1.Substituted by Act No. 66 of 1993, Section 18 (w.e.f. 18th December, 1993.

2.PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART. II, SECTION 3 (I), DATED9TH OCTOBER, 1996.

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Last updated on September, 2016

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