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CHAPTER IV SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES

Section 21: Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences

The Extradition Act, 1962

1[Whenever any person accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not, until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than―

(a) the extradition offence in relation to which he was surrendered or returned; or

(b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or

(c) the offence in respect of which the foreign State has given its consent.]

Footnotes in the official text

  1. 1.Subs. by s. 12, ibid., for section 21 (w.e.f. 18-12-1993).

Questions on this section

1 question in 2 of our papers cite Section 21. Try these from the free papers:

  1. 1. Z is extradited to India from a foreign State for offences specified in the extradition decree. The prosecution later seeks to try him for unrelated offences not mentioned in the decree, for which the foreign State has not consented. In the light of Section 21 of the Extradition Act, 1962 and Daya Singh Lahoria v. Union of India (2001), the trial for those offences is: