22. Liability of fugitive criminals to be arrested and surrendered or returned.―Every
fugitive criminal of a foreign State 2
* * * shall, subject to the provisions of this Act, be liable to be
arrested and surrendered or returned, whether the offence in respect of which the surrender or return is
sought was committed before or after the commencement of this Act, and whether or not a court in
India has jurisdiction to try that offence.
23. Jurisdiction as to offences committed at sea or in air.―Where the offence in respect of
which the surrender or return of a fugitive criminal is sought was committed on board any vessel on
the high seas or any aircraft while in the air outside India or the Indian territorial waters which comes
into any port or aerodrome of India, the Central Government and any magistrate having jurisdiction in
such port or aerodrome may exercise the powers conferred by this Act.
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 State 4
* * * 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.
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 of 5
[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 offence of which he is accused or has been convicted, and in
relation to such bail, the magistrate before whom the fugitive criminal is brought shall have, as far as
may be, the same powers and jurisdiction as a court of session under that Code.
1. Subs. by Act 66 of 1993, s. 3, for “commonwealth country” (w.e.f. 18-12-1993).
2. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
3. Subs. by s. 12, ibid., for section 21 (w.e.f. 18-12-1993).
4. The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
5. Subs. by s. 13, ibid., for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 18-12-1993).
9
26. Abetment of extradition offences.―A fugitive criminal who is accused or convicted of
abetting 1
[, 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.
27. Lawfulness of, and re-taking on escape from, custody under warrants.―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.
28. Property found on fugitive criminal.―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 thereto.
29. Power of Central Government to discharge any fugitive criminal.― 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.
30. Simultaneous requisitions.―If requisitions for the surrender of a fugitive criminal are
received from more than one foreign State 2
***, the Central Government may, having regard to the
circumstances of the case, surrender the fugitive criminal to such State or country as that Government
thinks fit.
31. Restrictions on surrender.―3
[(1)] A fugitive criminal shall not be surrendered or returned to
a foreign State 4
***.―
(a) if the offence in respect of which his surrender is sought is of a political character or if he
proves to the satisfaction of the magistrate or court before whom he may be produced or of the
Central Government that the requisition or warrant for his surrender has, in fact, been made with a
view to try or punish him for an offence of a political character;
(b) if prosecution for the offence in respect of which his surrender is sought is according to
the law of that State 5
*** barred by time;
6
[(c) unless provision is made by that law of the foreign State or in the extradition treaty with
the foreign State that the fugitive criminal shall not be determined or tried in that State for an
offence other than—
(i) the extradition offence in relation to which he is to be surrendered or returned;
(ii) any lesser offence disclosed by the facts proved for the purposes of securing his
surrender or return other than an offence in relation to which an order for his surrender or
return could not be lawfully made; or
(iii) the offence in respect of which the Central Government has given its consent;]
1. Ins. by Act 66 of 1993, s. 14 (w.e.f 18-12-1993).
2. The words “or commonwealth country or from any foreign State and any commonwealth country” omitted by s. 15, ibid.
(w.e.f 18-12-1993).
3. Section 31 re-numbered as sub-section (1) of that section by s. 16, ibid. (w.e.f. 18-12-1993).
4. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f.18-12-1993).
5. The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
6. Subs. by s. 16, ibid., for clause (c) (w.e.f. 18-12-1993).
10
(d) if he has been accused of some offence in India, not being the offence for which his
surrender or return is sought, or is undergoing sentence under any conviction in India until after
he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;
(e) until after the expiration of fifteen days from the date of his being committed to prison by
the magistrate.
1
[(2) For the purposes of sub-section (1), the offence specified in the Schedule shall not be
regarded as offences of a political character.
(3) The Central Government having regard to the extradition treaty made by India with any
foreign State may, by notified order, add or omit any offence from the list given in the Schedule.]
32. Sections 29 and 31 to apply without any modification thereof.― Notwithstanding anything
to the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply
without any modification to every foreign State 2
***.
33. Act not to affect the Foreigners Act, 1946.―Nothing in this Act shall affect the provisions
of the Foreigners Act, 1946 (31 of 1946), or any order made thereunder.
3
[34. Extra territorial jurisdiction.―An extradition offence committed by any person in a
foreign State shall be deemed to have been committed in India and such person shall be liable to be
prosecuted in India for such offence.
34A. Prosecution on refusal to extradition.― 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.
34B. Provisional arrest.―(1) On receipt of an urgent request from a foreign State for the
immediate arrest of a fugitive criminal, the Central Government may request the Magistrate having
competent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal.
(2) A fugitive criminal arrested under sub-section (1) shall be discharged upon the expiration of
sixty days from the date of his arrest if no request for his surrender or return is received within the
said period.
34C. Provision of life imprisonment for death penalty.―Notwithstanding anything contained
in any other law for the time being in force, where a fugitive criminal, who has committed an
extradition offence punishable with death in India, is surrendered or returned by a foreign State on the
request of the Central Government and the laws of that foreign State do not provide for a death
penalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for
life only for that offence.]
35. Notified orders and notifications to be laid before Parliament.―Every notified order made
or notification issued under this Act shall, as soon as may be after it is made or issued, be laid before
each House of Parliament.
36. Power to make rules.―(1) The central Government may, by notification in the
Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) the form in which a requisition for the surrender of a fugitive criminal may be made;
(b) the form in which a warrant for the apprehension of any person in a 4
[foreign State] to
which Chapter III applies may be made;
1. Ins. by Act 66 of 1993, s. 16 (w.e.f. 18-12-1993).
2. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
3. Subs. by s. 17, ibid., for section 34 (w.e.f. 18-12-1993).
4. Subs. by s. 3, ibid., for “commonwealth country” (w.e.f. 18-12-1993).
11
(c) the manner in which any warrant may be endorsed or authenticated under this Act;
(d) the removal of fugitive criminals accused or in custody under this Act and their control
and maintenance until such time as they are handed over to the persons named in the warrant as
entitled to receive them;
(e) the seizure and disposition of any property which is the subject of, or required for proof of,
any alleged offence to which this Act applies;
(f) the form and manner in which or the channel through which a magistrate may be required
to make his report to the Central Government under this Act;
(g) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in
one session or 1
[in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive session aforesaid], both Houses agree in making
any modification in the rule or both Houses agree that the rule should not made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so however
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
37. Repeals and savings.―(1) The Indian Extradition Act, 1903 (15 of 1903), and any law
corresponding thereto in force at the commencement of this Act in the territories which, immediately
before the 1st day of November, 1956, were comprised in Part B States and the North East Frontier
Agency and Tuensang District (Extradition) Regulation, 1961 (3 of 1961), are hereby repealed.
(2) The Extradition Acts, 1870 to 1932 (33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60; 6 Edw. 7, c.
15; 22 and 23 Geo. 5, c. 39, 44 and 45 Vict. c. 69) and the Fugitive Offenders Act, 1881, in so far as
they apply to and operate as part of the law of India, are hereby repealed.