Section 3

Application of Act.

The Extradition Act, 1962

  • Act 34 of 1962
  • Ministry of External Affairs
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.

All sections
    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) 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.
     2[(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.]

Notes

1. Subs. by Act 66 of 1993, s. 5, for sub-section (1) (w.e.f. 18-12-1993).
2. Ins. by s. 5, ibid. (w.e.f. 18-12-1993).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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