Dealing with fugitive criminal when apprehended
Section 17 of the Extradition Act, 1962 deals with dealing with fugitive criminal when apprehended. 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 Act came into force on 05 Jan 1963.
(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.
Section 17, The Extradition Act, 1962 (Act 34 of 1962).
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 17
What does Section 17 of the Extradition Act deal with?
Section 17 of the Extradition Act is headed "Dealing with fugitive criminal when apprehended". 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
How do I find court cases under Section 17 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 17, section 17 Extradition Act 1962, section 17 of the Extradition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the Extradition Act, and has it changed?
One instrument names it without being made under it, most recently The Extradition Rules, 2017 (2017).
When did Section 17 of the Extradition Act come into force?
Section 17 of the Extradition Act, cited as Extradition Act 1962 17, 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
- 10. Receipt in evidence of exhibits, depositions and other documents and authentication thereof291 words
- 7. Procedure before magistrate239 words
- 3. Application of Act214 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 19 Oct 2026. This page is not a substitute for legal advice.