Bare Act Search Results

Extradition Act, 1962 Schedule I

Title: Extradition Treaty Between India and Switzerland

State: Central

Year: 1962

.....1904, are considered to be in forcebetween India and Switzerland: Andwhereas the Central Government in exercise of the powers conferred bysub-section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), haddirected by an order number G.S.R. 56, dated the 5th January, 1963 that theprovisions of the said Act, other than Chapter III shall apply to Switzerland; Now,therefore, in exercise of the powers conferred by sub-section (3) of Section 3of the said Act, the Central Government hereby sets out the aforesaid Treaty asunder:-- "ARTICLEI HerMajesty, the Queen of the United Kingdom of Great Britain and Ireland engages todeliver up, under the circumstances and on the conditions stipulated in thepresent Treaty, all persons, and the Swiss Federal Council engages to deliverup, under the like circumstances and conditions, all persons, excepting Swisscitizens, who, having been charged with, or convicted by the Tribunals of one ofthe two High Contracting Parties of the crimes or offences enumerated in Art.II, committed in the territory of the one party, shall be found within theterritory of the other. Inthe event of the Federal Council being unable, by reason of his.....

Extradition Act, 1962 Complete Act

Title: Extradition Act, 1962

State: Central

Year: 1962

.....Section28 - Property found on fugitive criminal Section29 - Power of Central Government to discharge any fugitive criminal Section30 - Simultaneous requisitions Section31 - Restrictions on surrender Section32 - Sections 29 and 31 to apply without any modification thereof Section33 - Act not to affect Foreigners Act, 1946 Section34 - Extra-territorial jurisdiction Section34A - Prosecution on refusal to extradition Section34B - Provisional arrest Section34C - Provision of life imprisonment for death penalty Section35 - Notified orders and notifications to be laid before Parliament Section36 - Power to make rules Section37 - Repeals and savings ScheduleI - EXTRADITION TREATY BETWEEN INDIA AND SWITZERLAND

Extradition Act, 1962 Preamble 1

Title: Extradition Act, 1962

State: Central

Year: 1962

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).

Extradition Act, 1962 Chapter II

Title: Extradition of Fugitive Criminals to Foreign State [Omitted] to Which Chapter Iii Does Not Apply

State: Central

Year: 1962

CHAPTER 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).

Extradition Act, 1962 Chapter III

Title: Return of Fugitive Criminal to Foreign States with Extradition Arrangements

State: Central

Year: 1962

CHAPTER 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".

Extradition Act, 1962 Section 26

Title: Abetment of Extradition Offences

State: Central

Year: 1962

A fugitive criminal who is accused or convicted of abetting1[conspiring, attempting to commit, inciting or participating as an accomplice in the commission of] any extradition offence shall be deemed for the purposes of this Act to be accused or convicted of having committed such offence and shall be liable to be arrested and surrendered accordingly. ________________________ 1. Omitted by Act No. 66 of 1993, Section 15

Extradition Act, 1962 Section 34A

Title: Prosecution on Refusal to Extradition

State: Central

Year: 1962

Where the Central Government is of the opinion that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a foreign State, it may, as it thinks fit, take steps to prosecute such fugitive criminal in India.

Extradition Act, 1962 Complete Act

State: Central

Year: 1962

.....Ind., 19-6-.1962,Pt. II, S. 2, Extra, p. 418. Act 66 of 1993.- At present, the Law of Extradition in India is contained in the Extradition Act, 1962 (Act 34 of 1962). The 1962-Act made a distinction between commonwealth countries and foreign States and considered only foreign States as treaty States. The extradition with Commonwealth countries was separately governed by the second Schedule of the Act and the Central Government was given powers under Chapter III to conclude special extradition arrangements with respect to Commonwealth countries only. Such distinction made in the Extradition Act, 1962 between foreign States and Commonwealth countries does not hold good in view of the change of time and rapid developments in Extradition Law at international level. Commonwealth countries are concluding extradition treaties among themselves. India has in recent years concluded separate extradition treaties with Canada and U K.. Moreover, the Civil Law countries have specific requirements for purposes of extradition with them. In addition; terrorisrim and drug trafficking as two most heinous crimes affecting innocent lives, have thrown new challenges necessitating changes in.....

Extradition Act, 1962 Chapter I

Title: Preliminary

State: Central

Year: 1962

.....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). Section 3 - Application of the Act 1[(1) The Central Government may, by notified order, direct that the provisions of this Act, other than Chapter III, shall apply to such foreign State or part thereof as may be specified in the order.] (2) The Central Government may, by the same notified order as is referred to in sub-section (1) or any subsequent notified order, restrict such application to fugitive criminals found, or suspected to be, in such part of India as may be specified in the order. (3) Where the notified order relates to a treaty State-- (a) it shall set out in full the extradition treaty with that State ; (b) it shall not remain in force for any period longer than that treaty: and (c) the Central Government may, by the same or any subsequent notified order, render the application of this Act subject to such modifications, exceptions,.....

Extradition Act, 1962 Chapter V

Title: Miscellanceous

State: Central

Year: 1962

.....of India, the Central Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this Act. Section 24 - Discharge of person apprehended if not surrendered or returned within two months If a fugitive criminal who, in pursuance of this Act, has been committed to prison to await his surrender or return to any foreign State1[* * * * *] is not conveyed out of India within two months after such committal, the High Court upon application made to it by or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the Central Government may order such prisoner to be discharged unless sufficient cause is shown to the contrary. ________________________ 1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993). Section 25 - Release of persons arrested on bail In the case of a person who is a fugitive criminal arrested or detained under this Act, the provisions of1[the Code of Criminal Procedure, 1973 (2 of 1974)], relating to bail shall apply in the same manner as they would apply if such person were accused of committing in India the.....