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Act34
Enacted 1962

The Extradition Act, 1962

In force 40 sections External Affairs

An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto.

Act 34 of 1962 Enacted 15 Sep 1962 In force 05 Jan 1963

Administered by. Ministry of External Affairs · Other Acts of 1962

Preamble

THE EXTRADITION ACT, 1962

ACT NO. 34 OF 1962

[15th September, 1962.] An Act to consolidate and amend the law relating to the extradition of fugitive criminals 1[and to provide for matters connected therewith or incidental thereto.]

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:--

What this Act covers

Summary of Extradition Act, 1962

Extradition to Foreign States

• Provisional Warrant

• Issuance by any magistrate for a fugitive from a foreign state

• Conditions and execution process

• Dealing with Fugitive Criminal

• Magistrate's inquiry and decision process

• Detention or bail pending Central Government's orders

• Return by Warrant

• Central Government's authority to issue a return warrant

• Chapter for States Not Covered by Chapter III:

• Requisition for surrender

• Magisterial inquiry process

• Warrant issuance and surrender procedures

Miscellaneous Provisions

• Liability and Discharge:

• Liability of fugitive criminals

• Discharge if not surrendered within two months

• Abetment of extradition offences

• Property found on fugitive criminal

• Central Government's power to discharge

• Extra territorial jurisdiction

• Provisional arrest

• Prosecution in India if extradition not possible

Sections

Type to filter. 40 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Application of Act
  4. 4Requisition for surrender
  5. 5Order for magisterial inquiry
  6. 6Issue of warrant for arrest
  7. 7Procedure before magistrate
  8. 8Surrender of fugitive criminal
  9. 9Power of magistrate to issue warrant of arrest in certain cases
  10. 10Receipt in evidence of exhibits, depositions and other documents and authentication thereof
  11. 11Chapter not to apply to commonwealth countries to which Chapter III applies
  12. 12Application of Chapter
  13. 13Liability of fugitive criminals from foreign States to be apprehended and returned
  14. 14Endorsed and provisional warrants
  15. 15Endorsed warrant for apprehension of fugitive criminal
  16. 16Provisional warrant for apprehension of fugitive criminal
  17. 17Dealing with fugitive criminal when apprehended
  18. 18Return of fugitive criminal by warrant
  19. 19Mode of requisition or form of warrant for the surrender or return to India of accused or convicted person who is in a foreign State or Commonwealth country
  20. 20Conveyance of accused or convicted person surrendered or returned
  21. 21Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence
  22. 22Liability of fugitive criminals to be arrested and surrendered or returned
  23. 23Jurisdiction as to offences committed at sea or in air
  24. 24Discharge of person apprehended if not surrendered or returned within two months
  25. 25Release of persons arrested on bail
  26. 26Abetment of extradition offences
  27. 27Lawfulness of, and retaking on escape from, custody under warrants
  28. 28Property found on fugitive criminal
  29. 29Power of Central Government to discharge any fugitive criminal
  30. 30Simultaneous requisitions
  31. 31Restrictions on surrender
  32. 32Sections 29 and 31 to apply without any modification thereof
  33. 33Act not to affect the Foreigners Act, 1946
  34. 34Extra territorial jurisdiction
  35. 34AProsecution on refusal to extradition
  36. 34BProvisional arrest
  37. 34CProvision of life imprisonment for death penalty
  38. 35Notified orders and notifications to be laid before Parliament
  39. 36Power to make rules
  40. 37Repeals and savings

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

1 set of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Extradition Rules, 20172017

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 40 sections of this Act has its own page. This page is not a substitute for legal advice.