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Extradition 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.).

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Extradition Act, 1962 Section 17

Title: Dealing with Fugitive Criminal when Apprehended

State: Central

Year: 1962

(1) If the Magistrate, before whom a person apprehended under this chapter is brought is satisfied on inquiry that the endorsed warrant for the apprehension of the fugitive criminal is duly authenticated and that the offence of which the person is accused or has been convicted is an extradition offence, the Magistrate shall commit the fugitive criminal to prison to await his return and shall forthwith send to the Central Government a certificate of the committal. (2) If on such inquiry the Magistrate is of opnion that the endorsed warrant is not duly authenticated or that the offence of which such person is accused or has been convicted is not an extradition offence, the Magistrate may, pending the receipt of the orders of the Central Government detain such person in custody or release him on bail. (3) The Magistate shall report the result of his inquiry to the Central Government and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of that Government.

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Extradition Act, 1962 Section 8

Title: Surrender of Fugitive Criminal

State: Central

Year: 1962

If upon receipt of the report and statemnt under sub-section (4) of Section 7, the Central Government, is of opinion that the fugitive criminal ought to be surrendered, to the foreign State1[***], it may issue a warrant for the custody and removal of the fugitive criminal and of his delivery at a place and to a person to be named in the warrant. ________________________ 1. Omitted by Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).

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Extradition 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"

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Extradition 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).

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Extradition Act, 1962 Section 28

Title: Property Found on Fugitive Criminal

State: Central

Year: 1962

Everything found in the possession of a fugitive criminal at the time of his arrest which may be material as evidence in proving the extradition offence may be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any, of third parties with respect thereof.

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Extradition Act, 1962 Section 29

Title: Power of Central Government to Discharge Any Fugitive Criminal

State: Central

Year: 1962

If it appears to the Central Government that by reason of the trivial nature of the case or by reason of the application for the surrender or return of a fugitive criminal not being made in good faith or in the interests of justice or for political reasons or otherwise, it is unjust or inexpedient to surrender or return the fugitive criminal, it may, by order at any time stay any proceedings under this Act and direct any warrant Issued or endorsed under this Act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged.

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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).

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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".

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Extradition Act, 1962 Section 13

Title: Liability of Fugitive Criminals from Commonwealth Countries, to Be Apprehended and Returned

State: Central

Year: 1962

Where 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"

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