Criminal Law
The Extradition Act, 1962
Act 34 of 1962 · 40 sections
Title, date and preamble
[15th September, 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.]
BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:―
Contents
CHAPTER I PRELIMINARY
CHAPTER II EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE TO WHICH CHAPTER III DOES NOT APPLY
- 4.Requisition for surrender
- 5.Order for magisterial Inquiry
- 6.Issue of warrant for arrest
- 7.Procedure before magistrate
- 8.Surrender of fugitive criminal
- 9.Power of magistrate to issue warrant of arrest in certain cases
- 10.Receipt in evidence of exhibits depositions and other documents and authentication thereof
- 11.Chapter not to apply to Commonwealth countries to which Chapter III applies
CHAPTER III RETURN OF FUGITIVE CRIMINALS TO FOREIGN STATES WITH EXTRADITION ARRANGEMENTS
- 12.Application of Chapter
- 13.Liability of fugitive criminals from foreign States to be apprehended and returned
- 14.Endorsed and provisional warrants
- 15.Endorsed warrant for apprehension of fugitive criminal
- 16.Provisional warrant for apprehension of fugitive criminal
- 17.Dealing with fugitive criminal when apprehended
- 18.Return of fugitive criminal by warrant
CHAPTER IV SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES
- 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 * * *
- 20.Conveyance of accused or convicted person surrendered or returned
- 21.Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences
CHAPTER V MISCELLANEOUS
- 22.Liability of fugitive criminals to be arrested and surrendered or returned
- 23.Jurisdiction as to offences committed at sea or in air
- 24.Discharge of person apprehended if not surrendered or returned within two months
- 25.Release of persons arrested on bail
- 26.Abetment of extradition offences
- 27.Lawfulness of, and re-taking on escape from, custody under warrants
- 28.Property found on fugitive criminal
- 29.Power of Central Government to discharge any fugitive criminal
- 30.Simultaneous requisitions
- 31.Restrictions on surrender
- 32.Sections 29 and 31 to apply without any modification thereof
- 33.Act not to affect the Foreigners Act, 1946
- 34.Extra territorial jurisdiction
- 34A.Prosecution on refusal to extradition
- 34B.Provisional arrest
- 34C.Provision of life imprisonment for death penalty
- 35.Notified orders and notifications to be laid before Parliament
- 36.Power to make rules
- 37.Repeals and savings
Schedules and appendices
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