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Start Free TrialExtradition 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.....
View Complete Act List Judgments citing this sectionExtradition 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
List Judgments citing this sectionExtradition Act, 1962 Section 19
Title: 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 [Omitted]
State: Central
Year: 1962
.....through the diplomatic representative of India in that State2[* * * * *] ; and if neither of these modes is convenient the requisition shall be made in such other mode as is settled by arrangement made by the Government of India with that State2[* * * * *]. (2) A warrant issued by a Magistrate in India for the apprehension of any person who is, or is suspected to be, in any3[foreign State] to which Chapter III applies shall be in such form as may be prescribed. ________________________ 1. Omitted by Act 666 of 1993, Section 11, for the words "or Commonwealth countries". 2. Omitted by Act 66 of 1993, Section 3. (w.e.f. 18th December, 1993). 3. Substituted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 16
Title: Provisional Warrant for Apprehension of Fugitive Criminal
State: Central
Year: 1962
.....send a report of the issue of the warrant together with the information or a certified copy thereof to the Central Government and the Central Government may, If it thinks fit, discharge the person apprehended under such warrant. (3) A fugitive criminal apprehended on a provisional warrant may, from time to time, be remanded for such reasonable time not exceeding seven days at any one time, as under the circumstances seems requisite for the production of an endorsed warrant. "may" is equivalent to "shall" depending upon the context2. ________________________ 1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries" 2. ANIL KUMAR TEKRIWAL V. NAVIN CHANDRA SINGH, 1997-1 B.L.J. 52 AT P. 56 (PAT.).
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 15
Title: Endorsed Warrant for Apprehension of Fugitive Criminal
State: Central
Year: 1962
Where a warrant for the apprehension of a fugitive criminal has been issued in any1[foreign State] to which this chapter applies and such fugitive criminal is, or is suspected to be, in India, the Central Government may, if satisfied that the warrant was issued by a person having lawful authority to issue the same, endorse such warrant in the manner prescribed, and the warrant so endorsed shall be sufficient authority to apprehend the person named in the warrant and to bring him before any Magistrate in India. ________________________ 1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth Countries"
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 9
Title: Power of Magistrate to Issue Warrant of Arrest in Certain Cases
State: Central
Year: 1962
(1) Where it appears to any Magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a foreign State1[* * * * *], he may, if he thinks fit, issue a warrant for the arrest of that person on such information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction. (2) The Magistrate shall forthwith report the issue of a warrant under sub-section (1) to the Central Government and shall forward the information, and the evidence, or certified copies thereof to that Government. (3) A person arrested on a warrant issued under sub-section (1) shall not be detained for more than three months unless within that period the Magistrate receives from the Central Government an order made with reference to such person under Section 5. ________________________ 1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 27
Title: Lawfulness Of, and Retaking on Escape from Custody Under Warrants
State: Central
Year: 1962
It shall be lawful for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in custody and convey the person mentioned in the warrant to the place named in the warrant and if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be re-taken as a person accused of an offence against the law of India (may be re-taken) upon an escape.
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 14
Title: Endorsed and Provisional Warrants
State: Central
Year: 1962
A fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant.
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 18
Title: Return of Fugitive Criminal by Warrant
State: Central
Year: 1962
The Central Government may, at any time after a fugitive criminal has been committed to prison under this chapter issue a warrant for the custody and removal to the1[foreign State] concerned of the fugitive criminal and for his delivery, at a place and to a person to be named in the warrant. ________________________ 1. Substituted by Act 66 of 1993, Section 3, for the Words "Commonwealth countries" (w.e.f. 18th December, 1993).
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Section 6
Title: Issue of Warrant for Arrest
State: Central
Year: 1962
On receipt of an order of the Central Government under Section 5, the Magistrate shall issue a warrant for the arrest of the fugitive criminal.
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