Order for magisterial inquiry
Section 5 of the Extradition Act, 1962 deals with order for magisterial inquiry. Where such requisition is made, the Central Government may, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction directing him to inquire into the case. The Act came into force on 05 Jan 1963.
Where such requisition is made, the Central Government may, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction directing him to inquire into the case.
Section 5, The Extradition Act, 1962 (Act 34 of 1962).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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Mohammed Hanif Haji Jusab & Anr. v. Union of India
Court's Decision & Legal Precedent
Court holds Chapter III (s.12 application of chapter) was not applied to Canada by notification GSR 689A; therefore Chapter II procedure including s.7 governs the Canada inquiry. Date in document matches index 2003-01-29 (order-1.pdf).
On this section: s.5 — Order for magisterial inquiry; Central Government direction to Magistrate
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 5
What have the courts held on Section 5 of the Extradition Act?
Mohammed Hanif Haji Jusab & Anr. v. Union of India (29 Jan 2003) is the leading judgment on this section among those set out below: s.5 — Order for magisterial inquiry; Central Government direction to Magistrate.
How do I find court cases under Section 5 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 5, section 5 Extradition Act 1962, section 5 of the Extradition Act. People searching for it also type extradition act s 5. 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 Mohammed Hanif Haji Jusab & Anr. v. Union of India (29 Jan 2003).
What should I read with Section 5 of the Extradition Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 5 of the Extradition Act come into force?
Section 5 of the Extradition Act, cited as Extradition Act 1962 5, 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.