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The Extradition Act, 1962

17. Dealing with fugitive criminal when apprehended.

  1. If the  magistrate, before  whom a  person apprehended  under this  Chapter is brought, is  satisfied on  inquiry that  the endorsed  warrant for the apprehension of  the fugitive  criminal is duly authenticated and that the offence of which the person is accused or has been convicted in an  extradition offence, the magistrate shall commit the fugitive criminal to prison  to await his return and shall forthwith send to the Central Government a certificate of the committal.
  2. If  on such  inquiry the  magistrate is  of opinion  that the endorsed warrant  is not  duly authenticated  or that  the offence  of which such  person  is  accused  or  has  been  convicted  is  not  an extradition offence,  the magistrate  may, pending  the receipt of the orders of  the Central  Government, detain  such person  in custody or release him on bail.
  3. The magistrate 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 that Government.

Extradition Act, 1962 Back

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