Receipt in evidence of exhibits, depositions and other documents and authentication thereof
Section 10 of the Extradition Act, 1962 deals with receipt in evidence of exhibits, depositions and other documents and authentication thereof. In any proceedings against a fugitive criminal of a foreign State 1* * * 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 The Act came into force on 05 Jan 1963.
(1) In any proceedings against a fugitive criminal of a foreign State 1* * * 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 statements 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 State 2* * * where the same was issued or acting in or of such State 2* * *;
(b) the depositions of statements or copies thereof purport to be certified, under the hand of a judge, magistrate or officer of the State 2 * * * where the same were taken, or acting in or for such State 2* * *, 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 State 2* * * 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 State 2* * * where the same were 3* * * issued, taken or given.
Section 10, The Extradition Act, 1962 (Act 34 of 1962).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sarabjit Rick Singh v. Union of India
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2007-12-12 via order-8.pdf full signed reportable judgment (body DATE OF JUDGMENT: 12/12/2007) — portal index labels order-7.pdf as Judgment but that file is pronouncement-only ROP stub ('signed reportable judgment is placed on the file'); full text lives in order-8.pdf (same Mukhtar/Dharani stub pattern — skip order-7). s.10 governs what is received in evidence in extradition inquiry: duly authenticated exhibits/depositions/certificates of fact are 'information' received as evidence; oral evidence not required under second limb of s.10; s.7 'evidence' must be read with s.10, not as full CrPC trial proof.
On this section: s.10 — Authenticated exhibits, depositions and official certificates of facts are receivable as 'information'/evidence in extradition magisterial inquiry; oral proof under Evidence Act not mandated.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Extradition Act?
Sarabjit Rick Singh v. Union of India (12 Dec 2007) is the leading judgment on this section among those set out below: s.10 — Authenticated exhibits, depositions and official certificates of facts are receivable as 'information'/evidence in extradition magisterial inquiry; oral proof under Evidence Act not mandated.
How do I find court cases under Section 10 of the Extradition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Extradition Act 1962 10, section 10 Extradition Act 1962, section 10 of the Extradition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sarabjit Rick Singh v. Union of India (12 Dec 2007).
When did Section 10 of the Extradition Act come into force?
Section 10 of the Extradition Act, cited as Extradition Act 1962 10, came into force on 05 Jan 1963, having been enacted on 15 Sep 1962. It is in force as at the date shown on this page.
Other sections of this Act
- 31. Restrictions on surrender341 words
- 36. Power to make rules338 words
- 2. Definitions337 words
- 7. Procedure before magistrate239 words
- 3. Application of Act214 words
- 19. Mode 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 country186 words
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. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.