Section 21
Accused or convicted person surrendered or returned by foreign State not to be tried for certain offence.
About this Act
An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto.
1[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.]
(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.]
Notes
1. Subs. by s. 12, ibid., for section 21 (w.e.f. 18-12-1993).