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Start Free TrialExtradition 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 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.
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 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).
View Complete Act List Judgments citing this sectionExtradition 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.
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 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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