In this Act, unless the context otherwise requires,―
[(a) “composite offence” means an act or conduct of a person occurred, wholly or in part, in a foreign State or in india but its effects or Intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case may be;]
(b) “conviction” and “convicted” do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term “person accused” includes a person so convicted for contumacy;
1[(c) “extradition offence” means―
(i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;
(ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;]
(d) “extradition treaty” means a treaty 2[,agreement or arrangement) made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty 2[,agreement or arrangement] relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India;
(e) “foreign State” means any State outside India 3* * * and includes every constituent part, colony or dependency of such State;
4[(f) “fugitive criminal” means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;]
(g) “magistrate” means a magistrate of the first class or a presidency magistrate;
(h) “notified order” means an order notified in the Official Gazette;
(i) “prescribed” means prescribed by rules made under this Act; and
(j) “treaty State” means a foreign State with which an extradition treaty is in operation.
Footnotes in the official text
- 1.Subs. by s. 4, ibid., for clause (c) (w.e.f.18-12-1993).
- 2.Subs. by s. 4, ibid., for “or agreement” (w.e.f.18-12-1993).
- 3.The words “other than a commonwealth country,” omitted by s. 4, ibid. (w.e.f. 18-12-1993).
- 4.Subs. by s. 4, ibid., for clause (f) (w.e.f. 18-12-1993).