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The Extradition Act, 1962

Central

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.

Act number
34 of 1962
Ministry
Ministry of External Affairs
Enacted
15 Sep 1962

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

40 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Application of Act.
  4. Section 4Requisition for surrender.
  5. Section 5Order for magisterial inquiry.
  6. Section 6Issue of warrant for arrest.
  7. Section 7Procedure before magistrate.
  8. Section 8Surrender of fugitive criminal.
  9. Section 9Power of magistrate to issue warrant of arrest in certain cases.
  10. Section 10Receipt in evidence of exhibits, depositions and other documents and authentication thereof.
  11. Section 11Chapter not to apply to commonwealth countries to which Chapter III applies.
  12. Section 12Application of Chapter.
  13. Section 13Liability of fugitive criminals from foreign States to be apprehended and returned.
  14. Section 14Endorsed and provisional warrants.
  15. Section 15Endorsed warrant for apprehension of fugitive criminal.
  16. Section 16Provisional warrant for apprehension of fugitive criminal.
  17. Section 17Dealing with fugitive criminal when apprehended.
  18. Section 18Return of fugitive criminal by warrant.
  19. Section 19Mode 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.
  20. Section 20Conveyance of accused or convicted person surrendered or returned.
  21. Section 21Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence.
  22. Section 22Liability of fugitive criminals to be arrested and surrendered or returned.
  23. Section 23Jurisdiction as to offences committed at sea or in air.
  24. Section 24Discharge of person apprehended if not surrendered or returned within two months.
  25. Section 25Release of persons arrested on bail.
  26. Section 26Abetment of extradition offences.
  27. Section 27Lawfulness of, and retaking on escape from, custody under warrants.
  28. Section 28Property found on fugitive criminal.
  29. Section 29Power of Central Government to discharge any fugitive criminal.
  30. Section 30Simultaneous requisitions.
  31. Section 31Restrictions on surrender.
  32. Section 32Sections 29 and 31 to apply without any modification thereof.
  33. Section 33Act not to affect the Foreigners Act, 1946.
  34. Section 34Extra territorial jurisdiction.
  35. Section 34AProsecution on refusal to extradition.
  36. Section 34BProvisional arrest.
  37. Section 34CProvision of life imprisonment for death penalty.
  38. Section 35Notified orders and notifications to be laid before Parliament.
  39. Section 36Power to make rules.
  40. Section 37Repeals and savings.