Bare Acts

The Extradition Act, 1962

An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto.

प्रत्‍यर्पण अधिनियम, 1962

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Act Details

Act Number:

Act Year:

1962

Location:

Enactment Date:

9/15/1962

Enforcement Date:

05-01-1963

Ministry:

Ministry of External Affairs

Full List of Sections

PRELIMINARY

Section 1 to Section 3

Section 1

Short title, extent and commencement.

Section 2

Definitions.

Section 3

Application of Act.

EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE TO WHICH CHAPTER III DOES NOT APPLY

Section 4 to Section 11

Section 4

Requisition for surrender.

Section 5

Order for magisterial inquiry.

Section 6

Issue of warrant for arrest.

Section 7

Procedure before magistrate.

Section 8

Surrender of fugitive criminal.

Section 9

Power of magistrate to issue warrant of arrest in certain cases.

Section 10

Receipt in evidence of exhibits, depositions and other documents and authentication thereof.

Section 11

Chapter not to apply to commonwealth countries to which Chapter III applies.

RETURN OF FUGITIVE CRIMINALS TO FOREIGN STATES WITH EXTRADITION ARRANGEMENTS

Section 12 to Section 18

Section 12

Application of Chapter.

Section 13

Liability of fugitive criminals from foreign States to be apprehended and returned.

Section 14

Endorsed and provisional warrants.

Section 15

Endorsed warrant for apprehension of fugitive criminal.

Section 16

Provisional warrant for apprehension of fugitive criminal.

Section 17

Dealing with fugitive criminal when apprehended.

Section 18

Return of fugitive criminal by warrant.

SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES

Section 19 to Section 21

Section 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 country.

Section 20

Conveyance of accused or convicted person surrendered or returned.

Section 21

Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence.

MISCELLANEOUS

Section 22 to Section 37

Section 22

Liability of fugitive criminals to be arrested and surrendered or returned.

Section 23

Jurisdiction as to offences committed at sea or in air.

Section 24

Discharge of person apprehended if not surrendered or returned within two months.

Section 25

Release of persons arrested on bail.

Section 26

Abetment of extradition offences.

Section 27

Lawfulness of, and retaking on escape from, custody under warrants.

Section 28

Property found on fugitive criminal.

Section 29

Power of Central Government to discharge any fugitive criminal.

Section 30

Simultaneous requisitions.

Section 31

Restrictions on surrender.

Section 32

Sections 29 and 31 to apply without any modification thereof.

Section 33

Act not to affect the Foreigners Act, 1946.

Section 34

Extra territorial jurisdiction.

Section 34A

Prosecution on refusal to extradition.

Section 34B

Provisional arrest.

Section 34C

Provision of life imprisonment for death penalty.

Section 35

Notified orders and notifications to be laid before Parliament.

Section 36

Power to make rules.

Section 37

Repeals and savings.