THE EXTRADITION ACT, 1962

ACT NO. 34 OF 1962 · Enacted [15th September, 1962.] · 40 sections

PRELIMINARY

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.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.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.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.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.