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Extradition Act, 1962


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

  1. Ins. by Act 66 of 1993 s. 5 (w.e.f. 18-12-1993)

  2. Omitted by s. 6, ibid (w.e.f. 18-12-1993)

  3. Omitted by s.  3 ibid.  (w.e.f.  18-12-1993) manner and  shall have  the same jurisdiction and powers, as nearly as may be,  as if the case were one tribal by a court of session or High Court.

  1. 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 is accused or  has been  convicted is  an offence of political character or is not an extradition offence.

  2. 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*xxx, he shall discharge the fugitive criminal.

  3. 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, any  written statement which the fugitive criminal may desire to submit for  the consideration of the Central Government.



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