EXTRADITION ACT, 1962
(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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Came into force on 5-1-1963 vide G.S.R. 55, dated 5th January, 1963 published in the Gazette of India, Part II, Sec. 3 (ii), p. 71.
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In this Act, unless the context otherwise requires,—
1 [(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;]
(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;
2 [(c) “extradition offence” means—
(i) in relation to foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;
(ii) in relat
1[(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.
(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
A requisition for the surrender of a fugitive criminal of a foreign State 1[***] may be made to the Central Government—
(a) by a diplomatic representative of the foreign State 1[***] at Delhi; or
(b) by the Government of that foreign State 2[***] communicating with the Central Government through its diplomatic representative in that State 3[***];
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 2[***] with the Government of India.
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1. The words “or a Commonwealt
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.
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) 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[***], he shall di
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.
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1. The words “or a Commonwealth Country”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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(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 Governm
(1) In any proceedings against a fugitive criminal of a foreign State 1[***] 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 2[***] where the same was issued or acting in or for such State 2[***];
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Nothing contained in this Chapter shall apply to fugitive criminals 2[***] to which Chapter III applies.
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1. Subs. by Act 46 of 1993, sec. 3, for “Commonwealth Countries” (w.e.f. 18-12-1993).
2. The words “of a Commonwealth Country”, omitted by Act 66 of 1993, sec. 8 (w.e.f. 18-12-1993).
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(1) This Chapter shall apply only to any such 1[Foreign State] to which, by reason of an extradition arrangement entered into with that 2[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 1[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.
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1. Subs. by Act 66 of 1993, sec. 3, for “Commonwealth Countr
Where a fugitive criminal of any 2[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 2[foreign State].
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1. Subs. by Act 66 of 1993, sec. 3, for “Commonwealth Countries” (w.e.f. 18-12-1993).
2. Subs. by Act 66 of 1993, sec. 3, for “Commonwealth Country” (w.e.f. 18-12-1993).
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A fugitive criminal may be apprehended in India under an endorsed warrant or a provisional warrant.
Where a warrant for the apprehension of a fugitive criminal has been issued in any 1[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.
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1. Subs. by Act 66 of 1993, sec. 3, for “Commonwealth Country” (w.e.f. 18-12-1993).
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(1) Any magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any 1[foreign State] 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.
(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 t
(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 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
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 1[foreign State] concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant.
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1. Subs. by Act 66 of 1993, sec. 3, for “Commonwealth Country” (w.e.f. 18-12-1993).
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(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 2[***] to which Chapter III does not apply, may be made by the Central Government—
(a) to a diplomatic representative of that State or country at Delhi; or
(b) to the Government of that State or country the diplomatic representative of India in that State or country,
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 State 3[***].
(2) A warrant issued by a Magistrate in India for the apprehension of any person who is, or is suspected to be, in any 4[foreign State] t
Any person accused or convicted of an extradition offence who is surrendered or returned by a foreign State 1[***] may, under the warrant of arrest for his surrender or return issued in such State 2[***] be brought into India and delivered to the proper authority to be dealt with according to law.
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1. The words “or a Commonwealth Country”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
2. The words “or Country”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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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 has 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.]
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Every fugitive criminal of a foreign State 1[***] shall, subject to the provisions of this Act, be liable 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.
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1. The words “or a Commonwealth Country”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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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.
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[***] 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.
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1. The words “or a Commonwealth Country”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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In the case of a person who is a fugitive criminal arrested or detained under this Act, the provisions of 1[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.
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1. Subs. by Act 66 of 1993 sec. 13, for “for the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 18-12-1993).
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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.
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1. Ins. by Act 66 of 1993, sec. 14 (w.e.f. 18-12-1993).
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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.
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.
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.
If requisitions for the surrender of a fugitive criminal are received from more than one foreign State 1[***] the Central Government may, having regard to the circumstances of the case, surrender the fugitive criminal to such State 2[***] as that Government thinks fit.
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1. The words “or Commonwealth Country or from any foreign State and any Commonwealth Country” omitted by Act 66 of 1993 sec. 15 (w.e.f. 18-12-1993).
2. The Words “or Counrty ”, omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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1[(1)] A fugitive criminal shall not be surrendered or returned to a foreign State 2[***]—
(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 3[***] barred by time;
4[(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 detained or tried in that State for an offence
Notwithstanding anything to the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply without any modifications to every foreign State 1[***]
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1. The words “or Commonwealth Country” omitted by Act 66 of 1993, sec. 3 (w.e.f. 18-12-1993).
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Nothing in this Act shall affect the provisions of the Foreigners Act. 1946, (31 of 1946), or any order made there under.
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.]
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1. Subs. by Act 66 of 1993, sec. 17, for section 34 (w.e.f. 18-12-1993).
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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.]
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1. Subs. by Act 66 of 1993, sec. 17, for section 34 (w.e.f. 18-12-1993).
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(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.]
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1. Subs. by Act 66 of 1993, sec. 17, for section 34 (w.e.f. 18-12-1993).
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Notwithstanding 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 of life only for that offence.]
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1. Subs. by Act 66 of 1993, sec. 17, for section 34 (w.e.f. 18-12-1993).
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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.
(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 1[foreign State] 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 su
(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 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[THE SCHEDULE
[See section 31(2)]
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 (45 of 1860):—
Offences under the Anti-Hijacking Act, 1982 (65 of 1982).
Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982).
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.
An offe
The Extradition Act, 1962 serves as the legal framework for the extradition of fugitive criminals in India. It consolidates and amends existing laws related to extradition, ensuring that India can cooperate with other nations in the apprehension and surrender of individuals accused or convicted of crimes.
The Schedule (Sch) of the Extradition Act outlines the specific offenses that are considered extraditable. It provides a list of crimes for which extradition can be sought, ensuring clarity and consistency in the application of the law.
The Schedule encompasses a range of offenses, including but not limited to serious crimes such as murder, drug trafficking, and fraud. It is designed to facilitate international cooperation in law enforcement by clearly defining which offenses are subject to extradition.
The Schedule does not prescribe specific punishments; rather, it identifies the offenses that can lead to extradition. The actual punishment will depend on the laws of the requesting state and the nature of the crime.
Extradition Framework - The Extradition Act, 1962 provides a comprehensive legal framework for extradition, facilitating international cooperation in criminal matters. - [Indian Extradition Act 1962 & Extradition Treaties]
Fugitive Criminals - The Act applies to fugitive criminals from foreign states or Commonwealth countries, making them liable for arrest under its provisions. - [Puducherry Police]
Extradition Treaties - The Act allows for extradition based on treaties or agreements between India and other states, emphasizing the importance of international relations in extradition processes. - [Extradition Law: Fundamentals and Processes - Part I]
Capital Punishment Concerns - Extradition may be denied if the accused faces capital punishment or torture in the requesting state, reflecting human rights considerations. - [Indian Extradition Act 1962 & Extradition Treaties]
Speciality Principle - The principle of speciality ensures that an extradited individual can only be tried for the offense for which extradition was granted. - [Extradition in International Law - iPleaders]
Restrictions on Surrender - Section 31 outlines restrictions on surrender, ensuring that extradition is not granted for offenses that do not meet specific legal criteria. - [Section 31 in The Extradition Act, 1962 - Indian Kanoon]
Definition of Extraditable Offense - An extraditable offense is defined as one that is punishable under the laws of both the requesting and requested states. - [Extradition Act 67 of 1962 - Justice and Constitutional Development]
International Cooperation - The Act underscores the importance of international cooperation in combating transnational crime through extradition. - [Extradition: India - Global Investigations Review]
Legal Procedures - The Act prescribes separate procedures for handling extradition requests based on the nature of the relationship with the requesting state. - [From India | MEA]
Judicial Oversight - Extradition requests are subject to judicial review, ensuring that the rights of the accused are protected during the extradition process. - [Extradition Law: Fundamentals and Processes - Part II]
Documentation Requirements - The Act specifies that certain documents must be certified and presented to support extradition requests, ensuring procedural integrity. - [Extradition Act 67 of 1962 - Justice and Constitutional Development]
Non-Extradition for Political Offenses - The Act generally prohibits extradition for political offenses, reflecting a commitment to political asylum principles. - [Extradition in International Law - iPleaders]
Impact of International Treaties - The effectiveness of the Extradition Act is often contingent upon the existence of bilateral or multilateral treaties with other nations. - [Extradition: India - Global Investigations Review]
Role of the Ministry of External Affairs - The Ministry of External Affairs plays a crucial role in negotiating and implementing extradition treaties and arrangements. - [Extradition Arrangement - Ministry of External Affairs]
Legal Framework for Fugitives - The Act provides a legal basis for the arrest and extradition of fugitives, enhancing law enforcement capabilities. - [Extradition Act, 1962 - India Code]
Amendments and Updates - The Extradition Act has undergone amendments to adapt to changing international legal standards and practices. - [Extradition Law: Fundamentals and Processes - Part I]
Public Interest Considerations - Extradition decisions may also consider public interest factors, balancing the rights of the accused with the needs of justice. - [Extradition in International Law - iPleaders]
Legal Assistance - The Act facilitates legal assistance between states, promoting a collaborative approach to tackling crime. - [Extradition: India - Global Investigations Review]
Enforcement Challenges - Practical challenges in enforcement and compliance with extradition requests can arise, necessitating careful legal navigation. - [Extradition Law: Fundamentals and Processes - Part II]
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