Section 7:
Procedure before magistrate.
(1) When the fugitive criminal appears or is brought before
the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same
jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or
High Court.
(2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in
particular, take such evidence as may be produced in support of the requisition of the foreign State
1
* * * and on behalf of the fugitive criminal, including any evidence to show that the offence of which
the fugitive criminal accused or has been convicted is an offence of political character or is not an
extradition offence.
(3) If the Magistrate is of opinion that a prima facie case is not made out in support of the
requisition of the foreign State 1
* * *, he shall discharge the fugitive criminal.
(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition
of the foreign State 1
* * * he may commit the fugitive criminal to prison to await the orders of the
Central Government and shall report the result of his inquiry to the Central Government, and shall
forward together with such report, and written statement which the fugitive criminal may desire to
submit for the consideration of the Central Government.
Notes:
1. The words "or commonwealth country" omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).