The 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 date 1as the Central Government may, by notification in theOfficial Gazette, appoint.

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, ina foreign State or in india but its effects or Intended effects, taken as a whole, would constitute anextradition 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 foreignlaw is a conviction for contumacy, but the term "person accused" includes a person so convictedfor contumacy; 2[(c) "extradition offence" means-- (i) in relation to a foreign State, being a treaty State, an offence provided for in theextradition treaty with that State; (ii) in relation to a foreign State other than a treaty State an offence punishable withimprisonment for a term which shall not be less than one year under the laws of India or of aforeign State and includes a composite offence;] (d) "extradition treaty" means a treaty 3[,agreement or arrangement) made by India with aforeign State relating to the extradition of fugitive criminals, and includes any treaty 3[,agreementor arrangement] relating to the extradition of fugitive criminals made before the 15th day ofAugust, 1947, which extends to, and is binding on, India; (e) "foreign State" means any State outside India 4* * * and includes every constituent part,colony or dependency of such State; 5[(f) "fugitive criminal" means a person who is accused or convicted of an extradition offencewithin 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 extraditionoffence 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.

1[(1) The Central Government may, by notified order, direct that theprovisions of this Act, other than Chapter III, shall apply, to such foreign State or part thereof as maybe specified in the order.] (2) The Central Government may, by the same notified order as is referred to in sub-section (1) orany 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) the Central Government may, by the same or any subsequent notified order, render theapplication of this Act subject to such modifications, exceptions, conditions and qualifications asmay be deemed expedient for implementing the treaty with that State. 2[(4) Where there is no extradition treaty made by India with any foreign State, theCentral Government may, by notified order, treat any Convention to which India and a foreign Stateare parties, as an extradition treaty made by India with that foreign State providing for extradition inrespect of the offences specified in that Convention.]

A requisition for the surrender of a fugitive criminal of aforeign 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 1* * * communicating with the CentralGovernment through its diplomatic representative in that State 2***; and if neither of these modes is convenient, the requisition shall be made in such other mode as issettled by arrangement made by the Government of the foreign State 1* * * with the Government ofIndia.

Where such requisition is made, the Central Governmentmay, if it thinks fit, issue an order to any Magistrate who would have had jurisdiction to inquire intothe offence if it had been an offence committed within the local limits of his jurisdiction directing himto inquire into the case.