Act Number: 34

Act Name: The Extradition Act, 1962

Year: 1962

Enactment Date: 1962-09-15

Long Title: 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.

Ministry: Ministry of External Affairs

Department:

Section 2: Definitions.
    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 a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;
             (ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;]
         (d) "extradition treaty" means a treaty 3[,agreement or arrangement) made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty 3[,agreement or arrangement] relating to the extradition of fugitive criminals made before the 15th day of August, 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 offence within 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 extradition offence 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.
Notes:
1. Subs. by Act 66 of 1993, s. 4, for clause (a) (w.e.f. 18-12-1993).
2. Subs. by s. 4, ibid., for clause (c) (w.e.f.18-12-1993).
3. Subs. by s. 4, ibid., for "or agreement" (w.e.f.18-12-1993).
4. The words "other than a commonwealth country," omitted by s. 4, ibid. (w.e.f. 18-12-1993).
5. Subs. by s. 4, ibid., for clause (f) (w.e.f. 18-12-1993).
Scroll to Top