Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence
Section 21 of the Extradition Act, 1962 deals with accused or convicted person surrendered or returned by foreign State not to be tried for certain offence. Whenever any person 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 offenc The Act came into force on 05 Jan 1963.
1[21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences.--Whenever any person 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.]
Section 21, 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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Daya Singh Lahoria v. Union of India
Court's Decision & Legal Precedent
Judgment of Main Case order-1.pdf 2001-04-17 DATE VERIFIED. WP(Crl) 256/2000. Pattanaik J. Doctrine of speciality: a fugitive surrendered under an extradition decree may be tried in India only for the extradition offence, a lesser offence disclosed by the facts proved, or an offence for which the requested State consents (Extradition Act s.21). Criminal courts have no jurisdiction over other prior offences until restoration or opportunity to return.
On this section: s.21 doctrine of speciality: an extradited person may be tried only for the extradition offence, a lesser offence disclosed by the facts proved, or an offence for which the requested State consents, until restored or given an opportunity to return (Daya Singh Lahoria).
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 21
What have the courts held on Section 21 of the Extradition Act?
Daya Singh Lahoria v. Union of India (17 Apr 2001) is the leading judgment on this section among those set out below: s.21 doctrine of speciality: an extradited person may be tried only for the extradition offence, a lesser offence disclosed by the facts proved, or an offence for which the requested State consents, until restored or given an opportunity to return (Daya Singh Lahoria).
How do I find court cases under Section 21 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 21, section 21 Extradition Act 1962, section 21 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 Daya Singh Lahoria v. Union of India (17 Apr 2001).
When did Section 21 of the Extradition Act come into force?
Section 21 of the Extradition Act, cited as Extradition Act 1962 21, 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 18 Oct 2026. This page is not a substitute for legal advice.