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Section7
The Extradition Act, 1962

Procedure before magistrate

In force From 05 Jan 1963 Act 34 of 1962 As on 19 Oct 2026

Act 34 of 1962 Ministry External Affairs Enacted 15 Sep 1962 In force 05 Jan 1963 Cited by 1 provision

Section 7 of the Extradition Act, 1962 deals with procedure before magistrate. When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or High Court. The Act came into force on 05 Jan 1963.

(1) When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or High Court.

(2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may be produced in support of the requisition of the foreign State 1 * * * and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal accused or has been convicted is an offence of political character or is not an extradition offence.

(3) If the Magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign State 1 * * *, he shall discharge the fugitive criminal.

(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign State 1 * * * he may commit the fugitive criminal to prison to await the orders of the Central Government and shall report the result of his inquiry to the Central Government, and shall forward together with such report, and written statement which the fugitive criminal may desire to submit for the consideration of the Central Government.

Section 7, 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.

Referred to by 1

  1. s. 8 Surrender of fugitive criminal

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.

  1. Maninder Pal Singh Kohli v. The State & Anr.

    High Court 17 Mar 2006 Persuasive (High Court) Reportable W.P.(Crl.) No. 1751/2005; Final Order 17.03.2006

    Court's Decision & Legal Precedent

    Extradition Act s.7 magistrate inquiry is limited to prima facie case on foreign-State requisition evidence; it is not a full trial. Accused’s right under s.7(2) to lead evidence is not unfettered — only relevant evidence advancing the inquiry. Refusal to summon eight UK trial witnesses upheld; wife’s examination allowed with requesting State to bear travel/visa facilitation under India-UK treaty. DATE VERIFIED Final Order 2006-03-17 (order-1.pdf).

    On this section: s.7 — Procedure before magistrate; scope of evidence and prima facie inquiry

    Read the full order on eCourts India

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 7

What have the courts held on Section 7 of the Extradition Act?

Maninder Pal Singh Kohli v. The State & Anr. (17 Mar 2006) is the leading judgment on this section among those set out below: s.7 — Procedure before magistrate; scope of evidence and prima facie inquiry.

How do I find court cases under Section 7 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 7, section 7 Extradition Act 1962, section 7 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 Maninder Pal Singh Kohli v. The State & Anr. (17 Mar 2006).

What should I read with Section 7 of the Extradition Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 7 of the Extradition Act come into force?

Section 7 of the Extradition Act, cited as Extradition Act 1962 7, 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

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.