THE EXTRADITION ACT, 1962 [Act, No 34 of 1962] [15th September, 1962] PREAMBLE An Act to consolidate and amend the law relating to the extradition of fugitive criminals1[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 : ________________________ 1. Added by Act No. 66 of 1993, Section 2 (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this section.....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. ________________________ 1. Substituted by Act No. 66 of 1993, Section 4 (w.e.f. 18th December, 1993). 2. Substituted by Section 4, Act No. 66 of 1993, for the words "or agreement" (w.e.f. 18th December, 1993). 3. Omitted by Act No. 66 of 1993, Section 54, (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this sectionCHAPTER II EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE 1[* * * * *] TO WHICH CHAPTER III DOES NOT APPLY ________________________ 1. Omitted by Act 66 of 1933, Section 6 (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this section.....the presence of the person against whom they are used or not) and copies thereof and official certificates of facts and judicial documents stating facts may, if duly authenticated, be received as evidence. (2) Warrants, depositions or statement on oath which purport to have been issued or taken by any Court of Justice outside India or copies thereof, certificates of, or judicial documents stating the facts of conviction before any such Court shall be deemed to be duly authenticated if-- (a) the warrant purports to be signed by a Judge. Magistrate or officer of the State2[* * * * *] where the same was issued or acting in or of such State2[***] (b) the depositions of statements or copies thereof purport to be certified under the hand of a Judge, Magistrate or officer of the State or country where the same were taken or acting in or for such State or country, to be original depositons or statements or to be true copies thereof, as the case may require ; (c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State2[* * * * *] where the conviction took place or acting in or for such.....
View Complete Act List Judgments citing this sectionNothing contained in this chapter shall apply to fugitive criminals1[* * * * *] to which Chapter 111 applies. ________________________ 1. Omitted by Act 66 of 1993, Section 8 for the word "country" (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this sectionCHAPTER III RETURN OF FUGITIVE CRIMINALS TO1[FOREIGN STATES] WITH EXTRADITION ARRANGEMENTS ________________________ 1. Substituted by Act 66 of 1993, Section 9, for the words "Commonwealth countries".
View Complete Act List Judgments citing this sectionWhere a fugitive criminal of any1[foreign State] to which this chapter applies is found in India, he shall be liable to be apprehended and returned in the manner provided by this chapter to that1[foreign State]. ________________________ 1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"
View Complete Act List Judgments citing this sectionA fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant.
View Complete Act List Judgments citing this sectionCHAPTER IV SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATE1[* * * * *] ________________________ 1. Omitted by Act 666 of 1993, Section 11, for the words "or Commonwealth countries".
View Complete Act List Judgments citing this sectionAny person accused or convicted of an extradition offence who is surrendered or returned by a foreign State1[* * * * *] may, under the warrant of arrest for his surrender or return issued in such State or country be brought into India and delivered to the proper authority to be dealt with according to law. ________________________ 1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).
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