THE EXTRADITION ACT, 1962 *
ACT NO. 34 OF 1962
[15th September 1962.]
An Act to consolidate and amend the law relating to the extradition of
fugitive criminals 1*[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. Short title, extent and commencement. (1) This Act may be called the Extradition Act, 1962.
(2) It extends to the whole of India.
(3) It shall come into force on such date 2* as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. In this Act, unless the context otherwise requires,--
3*[(a) "composite offence" means an act or conduct of a person occurred, wholly or in part, in a foreign State or in India but its effects or intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case may be;]
1. Added by Act 66 of 1993, s. 2 (w.e.f. 18-12-1993)
2. 5th January, 1963; vide Notification No. G.S.R. 55, dated 5-1-
1963, Gazette of India, Extraordinary, Pt. II, Sec. 3(i) p. 7.
3. Subs. by Act 66 of 1993 s. 4, (w.e.f. 18-12-1993)
Extended to and brought into force in the State of Sikkim (w.e.f. 17.9.1975) vide Notifn. No. G.S.R. 495(E), dated 17.9.1975.
*The provisions of the Act, other than Chapter III, shall apply to Papua New Guinea w.e.f. 1-9-1978, vide Notifn. No. G.S.R. 433 (E), dated 17.8.1978, Gaz. of India, Exty., Pt. II, Sec. 3(i), p. 748.
(b) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "person accused" includes a person so convicted for contumacy;
*The provisions of the Act, other than Chapter III, shall apply to Fiji w.e.f. 1-2-1979, vide Notifn. No. G.S.R. 38(E), dt. 22-1-1979, Gaz. Of India, Exty., Pt. II, Sec. 3(i), p. 58.
3*(c) Extradition offence" means-
(i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;
(ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;]
*The provisions of The Act, other than Chapter III, shall apply to the Commonwealth of Australia w.e.f. 30.8.1971, vide Notifn. No. G.S.R. 1381, dt. 30.8.1971, Gaz. of India, Exty., Pt. II, Sec. 3(i), p-895.
(d) "extradition treaty" means a treaty 1*[, agreement or arrangement] made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty 1*[, agreement or arrangement] relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India;
(e) "foreign State" means any State outside India 1*xxx, and includes every constituent part, colony or dependency of such State;
1*[(f) "fugitive criminal" means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State.]
(g) "magistrate" means a magistrate of the first class or a presidency magistrate;
(h) "notified order" means an order notified in the Official Gazette;
(i) "prescribed" means prescribed by rules made under this Act; and
(j) "treaty State" means a foreign State with which an extradition treaty is in operation.
3. Application of Act. 2*[(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.
1. Subs. & omitted by Act 66 of 1993, s. 4 (w.e.f. 18-12-1993)
2. Subs. by s. 5 ibid (w.e.f. 18-12-1993)
(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, conditions and qualifications as may be deemed expedient for implementing the treaty with that State.
1*[(4) Where there is no extradition treaty made by India with any foreign State, the Central Government may, by notified order, treat any Convention to which India and a foreign State are parties, as an extradition treaty made by India with that foreign State providing for extradition in respect of the offences specified in that Convention.]
EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATES 2*** TO WHICH CHAPTER III DOES NOT APPLY
4. Requisition for surrender. A requisition for the surrender of a fugitive criminal of a foreign State 3*** may be made to the Central Government--
(a) by a diplomatic representative of the foreign State 3*** at Delhi; or
(b) by the Government of that foreign State 3*** communicating with the Central Government through its diplomatic representative in that State 1***. 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 the foreign State 3*** the Government of India.
5. Order for magisterial inquiry. Where such requisition is made, the Central Government may, if it thinks fit, issue an order to any magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction, directing him to inquire into the case.
6. Issue of warrant for arrest. 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.
1. Ins. by Act 66 of 1993 s. 5 (w.e.f. 18-12-1993)
2. Omitted by s. 6, ibid (w.e.f. 18-12-1993)
3. Omitted by s. 3 ibid. (w.e.f. 18-12-1993)
7. Procedure before magistrate. (1) When the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or High Court.
(2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may be produced in support of the requisition of the foreign State 1*** and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal is accused or has been convicted is an offence of political character or is not an extradition offence.
(3) If the magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign State 1*xxx, he shall discharge the fugitive criminal.
(4) If the magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign State, 1***he may commit the fugitive criminal to prison to await the orders of the Central Government, and 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 the Central Government.
8. Surrender of fugitive criminal. If, upon receipt of the report and statement under sub-section (4) of section 7, the Central Government is of opinion that the fugitive criminal ought to be surrendered to the foreign State 1***, it may issue a warrant for the custody and removal of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.
9. Power of magistrate to issue warrant of arrest in certain cases. (1) Where it appears to any magistrate that a person within the local limits of his jurisdiction is a fugitive criminal of a foreign State 1*** 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, s. 3 (w.e.f 18-12-1993)
10. Receipt in evidence of exhibits, depositions and other documents and authentication thereof. (1) In any proceedings against a fugitive criminal of a foreign State 1*xxx under this Chapter, exhibits and depositions (whether received or taken in the presence of the person against whom they are used or not) and copies thereof and official certificates of facts and judicial documents stating facts may, if duly authenticated, be received as evidence.
(2) Warrants, depositions or statements on oath, which purport to have been issued or taken by any court of justice outside India or copies thereof, certificates of, or judicial documents stating the facts of, conviction before any such court shall be deemed to be duly authenticated if--
(a) the warrant purports to be signed by a judge, magistrate or officer of the State or country where the same was issued or acting in or for such State or country;
(b) the depositions or statements or copies thereof purport to be certified, under the hand of a judge, magistrate or officer of the State or country where the same were taken, or acting in or for such State or country, to be the original depositions or statements or to be true copies thereof, as the case may require;
(c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a judge, magistrate or officer of the State or country where the conviction took place or acting in or for such State;
(d) the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the State or country where the same were 2*xxx issued, taken or given.
11. Chapter not to apply to foreign states countries to which Chapter III applies. Nothing contained in this Chapter shall apply to fugitive criminals 1*** to which Chapter III applies.
1. Omitted by Act 66 of 1993, s. 3 (w.e.f. 18-9-1993).
2. Omitted by s. 7. ibid (w.e.f 18-12-19930.
RETURN OF FUGITIVE CRIMINALS TO [FOREIGN STATES] 2* WITH EXTRADITION ARRANGEMENTS
12. Application of Chapter. (1) This Chapter shall apply only to any such 3*[foreign state] to which, by reason of an extradition arrangement entered into with that 4*[State], it may seem expedient to the Central Government to apply the same.
(2) Every such application shall be by notified order, and the Central Government may, by the same or any subsequent notified order, direct that this Chapter and Chapters I, IV and V shall, in relation to any such 3*[foreign state], apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementing the arrangement.
13. Liability of fugitive criminals from foreign states to be apprehended and returned. Where a fugitive criminal of any 3*[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 that 3*[foreign state].
14. Endorsed and provisional warrants. A fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant.
15. Endorsed warrant for apprehension of fugitive criminal. Where a warrant for the apprehension of a fugitive criminal has been issued in any 3*[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 and magistrate in India.
16. Provisional warrant for apprehension of fugitive criminal. (1) Any magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any commonwealth country to which this Chapter applies who is, or is suspected to be, in or on his way to India, on such information and under such circumstances as would, in his opinion, justify the issue of a warrant, if the offence of which the fugitive criminal is accused or has been convicted had been committed within his jurisdiction and such warrant may be executed accordingly.
1. Omitted by Act 66 1993 s. 8 (w.e.f. 18-12-1993)
2. Subs. by s. 9. ibid (w.e.f 18-12-1993)
3. Subs by s. 3 ibid. (w.e.f. 18-12-1993)
4. Subs s. 10. w.e.f 18-12-1993)
(2) A magistrate issuing a provisional warrant shall forthwith 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.
17. Dealing with fugitive criminal when apprehended. (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 in 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 opinion 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 magistrate 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.
18. Return of fugitive criminal by warrant. 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 the commonwealth country concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.
SURRENDER OR RETURN OF ACCUSED OR CONVICTED PERSONS FROM FOREIGN STATES
19. Mode of requisition of form of warrant for the surrender or return to India of accused or convicted person who is in a foreign State. (1) A requisition for the surrender of a person accused or convicted of an extradition offence committed in India and who is, or is suspected to be, in any foreign State to which Chapter 111 does not apply, may be made by the Central Government-
(a) to be a diplomatic representative of that State or country at Delhi; or
(b) to the Government of that State or country through the diplomatic representative of India in that State and if neither of these modes is convenient there requisition made by the Government of India with that State.
2. a warrant issued by a Magistrate in India for the apprehension of any person who is, or is suspected to be, in any [foreign State] to which Chapter 111 applies shall be in such form as may be prescribed.
20. Conveyance of accused or convicted person surrendered or returned. Any person accused or convicted of an extradition offence who is surrendered or returned by a foreign State or 2*** may, under the warrant of arrest for his surrender or return issued in such State or country, be brought into India and delivered to the proper authority to be dealt with according to law.
3*[ 21. Accused or convicted person surrendered or returned by foreign State not to be tried for certain offences. Whenever any person accused or convicted of an offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not, until he has been restored or has had an opportunity of returning to that State, be tried in India for an offence other than--
(a) the extradition offence in relation to which he was surrendered or returned; or
(b) 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
(c) the offence in respect of which the foreign State has given its consent.]
1. Omitted by Act 66 of 1993 s. 11 (w.e.f 18-12-1993).
2. Omitted & Subs. by s. 3 ibid. (w.e.f. 18-12-1993).
3. Subs. by s. 12, ibid (w.e.f. 18-12-1993).
22. Liability of fugitive criminals to be arrested and surrendered or returned. Every fugitive criminal of a foreign State 1*xxx 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 1*xxx 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 the 2*[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. Omitted by act 66 of 1993, s. 3 (w.e.f 18-12-1993).
2. Subs. by s. 13, ibid (w.e.f 18-12-1993)
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 requisi- tion 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;
1. Ins. by s. Act of 66 of 1993 14 (w.e.f 18-12-1993).
2. Omitted by s. 15, ibid (w.e.f 18-12-1993)
3. Renumbered by s. 16 ibid (w.e.f. 18-12-1993).
4. Omitted by s. 3 ibid. (w.e.f. 18-12-1993).
(b) if prosecution for the offence in respect of which his surrender is sought is according to the law of that State or country barred by time;
1*[(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;]
(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 9 and 31 shall apply without any modification to every foreign State 1*xxx.
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.
2*[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.
1. Subs. & Ins by Act 66 of 1993, s. 16 (w.e.f. 18-12-1993).
2. Subs. by s. 17. ibid (w.e.f. 18-12-1993).
(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 [foreign state] 1* to which Chapter III
applies may be made;
(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 2*[in two or more successive sessions, and if, before the expiry of the session immediately following the 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.
1. Subs. by Act 66 of 1993, s. 3, (w.e.f 18-12-1993)
2. Subs. by Act 4 of 1986, s. 2 and sch. (w.e.f 15-5-1986).
[See Sec.31 (2)]
Offences, which are not to be Regarded as Offences of a
The following list of offences is to be construed according to the law in force in India on the date of the alleged offence. Wherever the names of the relevant Acts are not given, the sections referred to are the sections of the Indian Penal Code (45of 1860):-
1. Offences under the Anti-Hijacking Act, 1982 (65 of 1982).
2. Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982).
3. An offence within the scope of the Convention on the punishment of crimes against Internationally protected persons including diplomatic agents, opened for signature at New York on 14th December, 1973.
4. An offence within the scope of the International Convention against the taking of hostages opened for signature at New York on 18th December, 1979.
5. Culpable homicide, murder Sections 299 to 304).
6. Voluntarily causing hurt or grevious hurt by a dangerous weapon or means (Sections 321 to 333).
7. Offences under the Explosive Substances Act, 1908 (6 of 1908).
8. Possession of a fire-arm or ammunition with intention to endanger life [Sec.27 of the Arms Act, 1959 (54 of 1959)].
9. The use of a fire-arm with intention to resist or prevent the arrest or detention [Sec.28 of the Arms Act, 1959 (54 of 1959)].
10. Causing of loss or damage to property used for public utilities or otherwise with intention to endanger life (Sec.425 read with section 440).
11. Wrongful restraint and wrongful confinement (Secs. 339 to 348).
12. Kidnapping and abduction including taking of hostages (Secs.339 to 348).
13. Offences related to terrorism and terrorist acts [Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987).
14. Abetting, conspiring or attempting to commit, inciting, participating as an accomplice in the commission of any of the offences listed above.]
Extradition & Treaty
|Extradition may be briefly described as the surrender of an alleged or convicted criminal by one State to another. More precisely, extradition may be defined as the process by which one State upon the request of another surrenders to the latter a person found within its jurisdiction for trial and punishment or, if he has been already convicted, only for punishment, on account of a crime punishable by the laws of the requesting State and committed outside the territory of the requested State.|
Extradition plays an important role in the international battle against crime. It owes its existence to the so-called principle of territoriality of criminal law, according to which a State will not apply its penal statutes to acts committed outside its own boundaries except where the protection of special national interests is at stake. In view of the solidarity of nations in the repression of criminality, however, a State, though refusing to impose direct penal sanctions to offences committed abroad, is usually willing to cooperate otherwise in bringing the perpetrator to justice lest he goes unpunished.
ICPO-Interpol has been a forerunner in international efforts to improve and accelerate existing procedure of extradition. Apart from attempts by academic bodies such as the Harvard Research Draft Convention on Extradition, the ICPO-Interpol was the first international organization to recommend to member countries a Draft General Agreement for the Extradition of Offenders, which unfortunately has remained a dead letter since it was adopted by the General Assembly of the Organization (then known as the International Criminal Police Commission) in 1948.
Interpol?s interest in finding ways of improving the extradition process did not end with the failure of the Draft General Agreement. Since the early fifties, the General Secretariat of the ICPO-Interpol has undertaken on behalf of the member countries two new activities intended to facilitate international police co-operation in matters relating to extradition.
The first of these initiatives concerns the publication of a series of circulars on a country basis, setting out the provisional measures that the police in each country may take when complying with a request from the police of another member country for quick action with a view to identification and arrest of a person wanted on a warrant of arrest. The second initiative taken by the ICPO-Interpol consists in the dissemination of national extradition laws. This activity is based on a resolution of the General Assembly passed in 1967 in Tokyo (Japan) inviting member countries to forward the texts of their extradition laws to the General Secretariat so that the latter may send them to other member countries for their information. The pre-extradition circulars and the texts of extradition laws of the member countries received from the General Secretariat are being maintained in the Interpol Wing.
|Position In India||Top|
|In India the extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of Indian Extradition Act, 1962. The basis of extradition could be a treaty between India and a foreign country. Under section 3 of this Act, a notification could be issued by the Government of India extending the provisions of the Act to the country/countries notified.|
Information regarding the fugitive criminals wanted in foreign countries is received directly from the concerned country or through the General Secretariat of the ICPO-Interpol in the form of red notices. The Interpol Wing of the Central Bureau of Investigation immediately passes it on to the concerned police organizations. The red notices received from the General Secretariat are circulated to all the State Police authorities and immigration authorities.
The question arises that what action, if any, can be taken by the Police on receipt of an information regarding a fugitive criminal wanted in a foreign country. In this connection the following provisions of law are relevant:
- Action can be taken under the Indian Extradition Act Article No. 34 (b) of 1962. This act provides procedure for the arrest and extradition of fugitive criminals under certain conditions which includes receipt of the request through diplomatic channels ONLY and under the warrant issued by a Magistrate having a competent jurisdiction.
- Action can also be taken under the provisions of Section 41 (1) (g) of the Cr.P.C., 1973 which authorizes the police to arrest a fugitive criminal without a warrant, however, they must immediately refer the matter to Interpol Wing for onward transmission to the Government of India for taking a decision on extradition or otherwise.
In case the fugitive criminal is an Indian national, action can also be taken under Section 188 Cr.P.C., 1973 as if the offence has been committed at any place in India at which he may be found. The trial of such a fugitive criminal can only take place with the previous sanction of the Central Government.
|India has signed Extradition Treaties, which are in force as on 2003-2008|
|India has Extradition arrangements with following countries.|
|Extradition request for an accused/ fugitive can be initiated after chargesheet has been filed before an appropriate Court and said court having taken cognizance of the case has issued orders/directions justifying accused/fugitive's committal for trial on the basis of evidence made available in the charge sheet and has sought presence of the accused/fugitive to face trial in the case. All extradition requests should be supported by documents and information enumerated below.|
Note: If an extradition treaty exists between India and the requested country, the extradition request and documents connected therewith should be prepared on the basis of provisions of Extradition Treaty.
|After completion of necessary formalities, the request for extradition should contain a letter/note from a Senior Official (not below the rank of Joint Secretary) or the concerned State Government indicating the correctness of the case/material with a request to the Central Executive to forward it to the Government of the concerned foreign country.|
N.B.: If the concerned court is requesting for extradition of a person, the request in the form of an affidavit should be in first person, i.e. by the Hon'ble Magistrate/ Judge himself/herself. (Such requests are usually received from Court Masters or other court officials writing in third person on behalf of the Court. Requested States object to it)
Extradition & Treaty Between Gov. of India & United State of America
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12873
Treaty Between the
UNITED STATES OF AMERICA
Signed at Washington June 25, 1997
Exchange of Letters
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89–497, approved July 8,
1966 (80 Stat. 271; 1 U.S.C. 113)—
‘‘. . . the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of
maritime jurisdiction, and in all the tribunals and public offices
of the United States, and of the several States, without any further
proof or authentication thereof.’’
For sale by the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402
(1) TIAS 12873
Treaty signed at Washington June 25, 1997;
Transmitted by the President of the United States
of America to the Senate September 23, 1997
(Treaty Doc. 105-30, 105th Cong., 1st Sess.);
Reported favorably by the Senate Committee on Foreign
Relations October 14, 1998 (S. Ex. Rept. 105-23,
105th Cong., 2d Sess.);
Advice and consent to ratification by the Senate
October 21, 1998;
Ratified by the President January 20, 1999;
Ratified by India April 16, 1999;
Ratifications exchanged at New Delhi July 21, 1999;
Entered into force July 21, 1999.
With exchange of letters.
1 TS 849; 12 Bevans 482.
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
THE GOVERNMENT OF THE REPUBLIC OF INDIA
The Government of the United States of America and the Government of
the Republic of India;
Recalling the Treaty for the Mutual Extradition of Criminals between the
United States of America and Great Britain, signed at London December 22,
Noting that both the Government of the United States of America and the
Government of the Republic of India currently apply the terms of that Treaty;
Desiring to provide for more effective cooperation between the two States
in the suppression of crime, recognizing that concrete steps are necessary to combat
terrorism, including narcoterrorism, and drug trafficking, and, for that purpose,
to conclude a new treaty for the extradition of fugitive offenders;
Have agreed as follows:
Obligation to Extradite
The Contracting States agree to extradite to each other, pursuant to the
provisions of this Treaty, persons who, by the authorities in the Requesting State
are formally accused of, charged with or convicted of an extraditable offense,
whether such offense was committed before or after the entry into force of the
1. An offense shall be an extraditable offense if it is punishable under the
laws in both Contracting States by deprivation of liberty, including imprisonment,
for a period of more than one year or by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of an
attempt or a conspiracy to commit, aiding or abetting, counselling or procuring
the commission of or being an accessory before or after the fact to, any offense
described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable
(a) whether or not the laws in the Contracting States place the offense
within the same category of offenses or describe the offense by the
(b) whether or not the offense is one for which United States federal law
requires the showing of such matters as interstate transportation, or use
of the mails or of other facilities affecting interstate or foreign commerce,
such matters being merely for the purpose of establishing jurisdiction
in a United States federal court; or
(c) whether or not it relates to taxation or revenue or is one of a purely
4. Extradition shall be granted for an extraditable offense regardless of
where the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also
be granted for any other offense specified in the request, even if the latter
offense is punishable by less than one year’s deprivation of liberty, provided that
all other requirements for extradition are met.
Extradition shall not be refused on the ground that the person sought is a
national of the Requested State.
1. Extradition shall not be granted if the offense for which extradition is
requested is a political offense.
2. For the purposes of this Treaty, the following offenses shall not be
considered to be political offenses:
(a) a murder or other willful crime against the person of a Head of State
or Head of Government of one of the Contracting States, or of a
member of the Head of State’s or Head of Government’s family;
1 TIAS 7192; 22 UST 1641.
2 TIAS 7570; 24 UST 564.
3 TIAS 8532; 28 UST 1975.
4 TIAS 11081.
5 TIAS 6298; 18 UST 1407.
6 TIAS 8118; 26 UST 1439.
7 International Legal Materials, vol. XXVIII, No. 2, Mar. 1989, p. 493.
(b) aircraft hijacking offenses, as described in The Hague Convention for
the Suppression of Unlawful Seizure of Aircraft, done at the Hague on
December 16, 1970;1
(c) acts of aviation sabotage, as described in the Montreal Convention for
the Suppression of Unlawful Acts Against the Safety of Civil Aviation,
done at Montreal on September 23, 1971;2
(d) crimes against internationally protected persons, including diplomats, as
described in the Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons, including Diplomatic
Agents, done at New York on December 14, 1973;3
(e) hostage taking, as described in the International Convention against the
Taking of Hostages, done at New York on December 17, 1979;4
(f) offenses related to illegal drugs, as described in the Single Convention
on Narcotic Drugs, 1961, done at New York on March 30, 1961,5 the
Protocol Amending the Single Convention on Narcotic Drugs, 1961,
done at Geneva on March 25, 1972,6 and the United Nations Convention
against Illicit Traffic in Narcotics Drugs and Psychotropic Substances,
done at Vienna on December 20, 1988;7
(g) any other offense for which both Contracting States have the obligation
pursuant to a multilateral international agreement to extradite the person
sought or to submit the case to their competent authorities for decision
as to prosecution; and
(h) a conspiracy or attempt to commit any of the foregoing offenses, or
aiding or abetting a person who commits or attempts to commit such
Military Offenses and Other Bases for Denial of Extradition
1. The executive authority of the Requested State may refuse extradition for
offenses under military law which are not offenses under ordinary criminal law.
2. Extradition shall not be granted if the executive authority of the
Requested State determines that the request was politically motivated.
1. Extradition shall not be granted when the person sought has been convicted
or acquitted in the Requested State for the offense for which extradition
2. Extradition shall not be precluded by the fact that the authorities in the
Requested State have decided not to prosecute the person sought for the acts for
which extradition is requested, or to discontinue any criminal proceedings which
have been instituted against the person sought for those acts.
Lapse of Time
Extradition shall not be granted when the prosecution has become barred by
lapse of time according to the laws of the Requesting State.
1. When the offense for which extradition is sought is punishable by death
under the laws in the Requesting State and is not punishable by death under the
laws in the Requested State, the Requested State may refuse extradition unless:
(a) the offense constitutes murder under the laws in the Requested State;
(b) the Requesting State provides assurances that the death penalty, if
imposed, will not be carried out.
2. In instances in which a Requesting State provides an assurance in accordance
with paragraph (1)(b) of this Article, the death penalty, if imposed by the
courts of the Requesting State, shall not be carried out.
Extradition Procedures and Required Documents
1. All requests for extradition shall be submitted through the diplomatic
2. All requests for extradition shall be supported by:
(a) documents, statements, or other types of information which describe the
identity and probable location of the person sought;
(b) information describing the facts of the offense and the procedural history
of the case;
(c) a statement of the provisions of the law describing the essential elements
of the offense for which extradition is requested;
(d) a statement of the provisions of the law describing the punishment for
the offense; and
(e) the documents, statements, or other types of information specified in
paragraph 3 or paragraph 4 of this Article, as applicable.
3. A request for extradition of a person who is sought for prosecution shall
also be supported by:
(a) a copy of the warrant or order of arrest, issued by a judge or other
(b) a copy of the charging document, if any; and
(c) such information as would justify the committal for trial of the person
if the offense had been committed in the Requested State.
4. A request for extradition relating to a person who has been convicted of
the offense for which extradition is sought shall also be supported by:
(a) a copy of the judgment of conviction or, if such copy is not available,
a statement by a judicial authority that the person has been convicted;
(b) information establishing that the person sought is the person to whom
the conviction refers;
(c) a copy of the sentence imposed, if the person sought has been sentenced,
and a statement establishing to what extent the sentence has
been carried out; and
(d) in the case of a person who has been convicted in absentia, the documents
required in paragraph 3.
Admissibility of Documents
The documents which accompany an extradition request shall be received
and admitted as evidence in extradition proceedings if:
(a) in the case of a request from the United States, they are certified by
the principal diplomatic or principal consular officer of the Republic
of India resident in the United States;
(b) in the case of a request from the Republic of India, they are certified
by the principal diplomatic or principal consular officer of the United
States resident in the Republic of India, as provided by the extradition
laws of the United States; or
(c) they are certified or authenticated in any other manner accepted by the
laws in the Requested State.
All documents submitted by the Requesting State shall be in English.
1. In case of urgency, a Contracting State may request the provisional arrest
of the person sought pending presentation of the request for extradition. A
request for provisional arrest may be transmitted through the diplomatic channel.
The facilities of the International Criminal Police Organization (Interpol) may be
used to transmit such a request.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if possible, the time
and location of the offense;
(d) a description of the laws violated;
(e) a statement of the existence of a warrant of arrest or a finding of guilt
or judgment of conviction against the person sought; and
(f) a statement that a request for extradition for the person sought will follow.
3. The Requesting State shall be notified without delay of the disposition
of its application and the reasons for any denial.
4. A person who is provisionally arrested may be discharged from custody
upon the expiration of sixty (60) days from the date of provisional arrest pursuant
to this Treaty if the executive authority of the Requested State has not
received the formal request for extradition and the supporting documents required
in Article 9.
5. The fact that the person sought has been discharged from custody pursuant
to paragraph (4) of this Article shall not prejudice the subsequent rearrest
and extradition of that person if the extradition request and supporting documents
are delivered at a later date.
Decision and Surrender
1. The Requested State shall promptly notify the Requesting State through
the diplomatic channel of its decision on the request for extradition.
2. If the request is denied in whole or in part, the Requested State shall
provide the reasons for the denial. The Requested State shall provide copies of
pertinent judicial decisions upon request.
3. If the request for extradition is granted, the authorities of the Contracting
States shall agree on the time and place for the surrender of the person sought.
4. If the person sought is not removed from the territory of the Requested
State within the time prescribed by the laws in that State, that person may be
discharged from custody, and the Requested State may subsequently refuse extradition
for the same offense.
Temporary and Deferred Surrender
1. If the extradition request is granted in the case of a person who is being
prosecuted or is serving a sentence in the Requested State, the Requested State,
subject to its laws, may temporarily surrender the person sought to the
Requesting State for the purpose of prosecution. The person so surrendered shall
be kept in custody in the Requesting State and shall be returned to the Requested
State after the conclusion of the proceedings against that person, in accordance
with conditions to be determined by agreement of the Contracting States.
2. The Requested State may postpone the extradition proceedings against a
person who is being prosecuted or who is serving a sentence in that State. The
postponement may continue until the prosecution of the person sought has been
concluded or until such person has served any sentence imposed.
Requests for Extradition Made by More than One State
If the Requested State receives requests from the other Contracting State
and from any other State or States for the extradition of the same person, either
for the same offense or for different offenses, the executive authority of the
Requested State shall determine to which State it will surrender the person. In
making its decision, the Requested State shall consider all relevant factors,
including but not limited to:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the victim;
(f) the possibility of further extradition between the Requesting States; and
(g) the chronological order in which the requests were received from the
Seizure and Surrender of Property
1. To the extent permitted under its laws, the Requested State may seize
and surrender to the Requesting State all articles, documents, and evidence connected
with the offense in respect of which extradition is granted. The items
mentioned in this Article may be surrendered even when the extradition cannot
be effected due to the death, disappearance, or escape of the person sought.
2. The Requested State may condition the surrender of the property upon
satisfactory assurances from the Requesting State that the property will be
returned to the Requested State as soon as practicable. The Requested State may
also defer the surrender of such property if it is needed as evidence in the
3. The rights of third parties in such property shall be duly respected.
Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried, or punished
in the Requesting State except for:
(a) the offense for which extradition has been granted or a differently
denominated offense based on the same facts on which extradition was
granted, provided such offense is extraditable or is a lesser included
(b) an offense committed after the extradition of the person; or
(c) an offense for which the executive authority of the Requested State
consents to the person’s detention, trial, or punishment. For the purpose
of this subparagraph:
(i) the Requested State may require the submission of the documents
called for in Article 9; and
(ii) the person extradited may be detained by the Requesting State for
90 days, or for such longer period of time as the Requested State
may authorize, while the request is being processed.
2. A person extradited under this Treaty may not be extradited to a third
State for an offense committed prior to his surrender unless the surrendering
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial,
or punishment of an extradited person, or the extradition of that person to a third
(a) that person leaves the territory of the Requesting State after extradition
and voluntarily returns to it; or
(b) that person does not leave the territory of the Requesting State within
15 days of the day on which that person is free to leave.
Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the
Requested State may, subject to its laws, surrender the person as expeditiously
as possible without further proceedings.
1. Either Contracting State may authorize transportation through its territory
of a person surrendered to the other State by a third State. A request for transit
shall be made through the diplomatic channel. The facilities of Interpol may be
used to transmit such a request. It shall contain a description of the person being
transported and a brief statement of the facts of the case. A person in transit
may be detained in custody during the period of transit.
2. No authorization is required where air transportation is used and no
landing is scheduled on the territory of the Contracting State. If an unscheduled
landing occurs on the territory of the other Contracting State, the other Contracting
State may require the request for transit as provided in paragraph 1. That
Contracting State shall detain the person to be transported until the request for
transit is received and the transit is effected, so long as the request is received
within 96 hours of the unscheduled landing.
Representation and Expenses
1. The Requested State shall advise, assist, appear in court on behalf of the
Requesting State, and represent the interests of the Requesting State, in any proceeding
arising out of a request for extradition.
2. The Requesting State shall bear the expenses related to the translation
of documents and the transportation of the person surrendered. The Requested
State shall pay all other expenses incurred in that State by reason of the extradition
3. Neither State shall make any pecuniary claim against the other State
arising out of the arrest, detention, examination, or surrender of persons sought
under this Treaty.
The competent authorities of the United States and the Republic of India
may consult with each other directly or through the facilities of Interpol in
connection with the processing of individual cases and in furtherance of
maintaining and improving procedures for the implementation of this Treaty.
Mutual Legal Assistance in Extradition
Each Contracting State shall, to the extent permitted by its law, afford the
other the widest measure of mutual assistance in criminal matters in connection
with an offense for which extradition has been requested.
1 July 21, 1999.
Ratification and Entry into Force
1. This Treaty shall be subject to ratification; the instruments of ratification
shall be exchanged as soon as possible.
2. This Treaty shall enter into force upon the exchange of the instruments
3. Upon the entry into force of this Treaty, the Treaty for the Mutual Extradition
of Criminals between the United States of America and Great Britain,
signed at London December 22, 1931, shall cease to have any effect between
the Government of the United States of America and the Government of the
Republic of India. Nevertheless, the prior Treaty shall apply to any extradition
proceedings in which the extradition documents have already been submitted to
the courts of the Requested State at the time this Treaty enters into force, except
that Article 17 of this Treaty shall be applicable to such proceedings.
Either Contracting State may terminate this Treaty at any time by giving
written notice to the other Contracting State, and the termination shall be effective
six months after the date of such notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments have signed this Treaty.
DONE at Washington, in duplicate, this Twenty-fifth day of June, 1997, in
the English and Hindi languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE REPUBLIC OF INDIA:
Strobe Talbott Saleem I. Shervani
OFFSET FOLIO PAGES 13-24
[EXCHANGE OF LETTERS]
DEPARTMENT of STATE
June 25, 1997
Dear Mr. Minister:
I refer to the extradition treaty between the Government of the United States
of America and the Government of the Republic of India signed today. It is the
understanding of the Government of the United States of America that, as a general
matter, upon extradition, a person shall be proceeded against or punished
under the ordinary criminal laws of the Requesting State, and shall be subject
to prosecution or punishment in accordance with the Requesting State’s ordinary
rules of criminal procedure. If either party is considering prosecution or punishment
upon extradition under other laws or other rules of criminal procedure, the
Requesting State shall request consultations and shall make such a request only
upon the agreement of the Requested State.
I would appreciate receiving confirmation that your Government shares this
Saleem Iqbal Shervani,
Minister of State for External Affairs of India.
Saleem I. Shervani MINISTER OF STATE FOR
EXTERNAL AFFAIRS INDIA
Dear Mr. Talbott, June 25, 1997
I am writing with respect to your letter of June 25, 1997, which reads as
[For text of the U.S. letter, see p. 13.]
I am pleased to confirm that the Government of the Republic of India shares
the understanding expressed in your letter.
(Saleem I. Shervani)
The Honorable Strobe Talbott,
Acting Secretary of State.