GENERAL
1605. The Extradition Act, 1962 (Act 34 of 1962) has come into force with effect from 5TH January 1963.
DEFINITIONS
1606. The definitions of (1) “Extradition Offence”, (2) “Commonwealth Country”, (3) “Extradition Treaty”, (4) Foreign State” and (5) “Fugitive Criminal” are given in Clauses (c),(a), (d),(e), and (f) of Section 2 of the Act respectively. The names of commonwealth countries are enumerated in the first schedule to the Act.
OFFENCES UNDER THE EXTRADITION ACT
1607. The extradition offences in relation to foreign states other than treaty states or in relation to commonwealth countries are described in the second schedule to the Act.
1608. According to item 18 of the second schedule to the Act , the Government of India, in their Notification No. GSR. 1817 dated 26th November 1963, have in relation to all foreign states other than treaty states and all commonwealth countries, specified -
(1) abetment of an extradition offence which, if committed in India, would be punishable under Section 109 I.P.C; and
(2) criminal conspiracy to commit any extradition offence which, if committed in India, would be punishable under Section 120-(B) I.P.C., as extradition offences within the meaning of the Extradition Act.
1609. In the Act, provision has been made for -
(a) the extradition of fugitive criminals to foreign States and commonwealth countries to which the provisions of Chapter III of the Act do not apply;
(b) the return of fugitive criminals to commonwealth countries with extradition arrangements; and
(c) the surrender or return of accused or convicted persons from foreign states or commonwealth countries.
1610. Section 19 of the Act prescribes the mode of requisition or form of warrant for the surrender or return to India of an accused or convicted person, who is in a foreign state or commonwealth country.
1611. In every case falling within the purview of Section 19 of the Act, 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 or commonwealth country to which the provisions of Chapter III of the Act do not apply will have to be made by the Central Government to -
(a) the diplomatic representative of that State or country at Delhi or
(b) the Government of that State or country through the diplomatic representative of India in that State or country.
1612. If either of the modes referred to in Order 1611 is inconvenient, the requisition could be made in any other mode settled by arrangement made by the Government of India with that State or country.
1613. The provisions of the Criminal Procedure Code relating to bail shall apply to fugitive criminal arrested or detained under the Act, in the same manner as they would apply, if that person was accused of committing in India the offence of which he is accused or has been convicted (Section 25).
1614. Every such property which may be material as evidence in proving the extradition offence may be delivered up with the fugitive criminals on their surrender or return, subject to the rights, if any of the third parties with respect thereto (Section 38).
1615. The Government of India, in their Notification No. GSR. 56 dated 5th January 1963, have directed that the provisions of the Act other than the provisions of Chapter III apply to-
(1) Switzerland ;
(2) Sweden;
(3) Union of Soviet Socialist Republic.
1616. The provisions of the Foreigners Act, 1946 (Act 31 of 1946) or any order made thereunder shall remain unaffected by the provisions of the Extradition Act (Section 33).
Commonwealth Countries
1617. The Provisions contained in Chapter III of the Act apply only to such of the commonwealth countries with which the Government of India have agreed by a Special agreement of an extradition arrangement as specified in Section 12 of the Act with the exception that the provisions of Sections 29 and 31 without any modification apply even to such commonwealth countries which have entered into such agreement (Sections 12 and 32).
Arrest under Criminal Procedure Code, Section 41 - Extradition from India
1618. Powers of arrest of criminals who enter Indian territory after committing certain offences are conferred by Section 41 of the Cr.P.C.
1619. The surrender from India of fugitive criminals is governed by the Indian Extradition Act, 1962 (Act 34 of 1962).