The Extradition Act, 1962
In this Act, unless the context otherwise requires,--
- 3*[ "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;] Extended to and brought into force in the State of Skim (w.e.f.7.9.1975) vide Notion. No. G.S.R. 495(E), dated 17.9.1975.
*The provisions of the Act, other than Chapter III, shall apply to Papua New Guinea w.e.f. 1-9-1978, vide Notifn. No. G.S.R. 433 (E), dated 17.8.1978, Gaz. of India , Exty., Pt. II, Sec. 3(i), p. 748.
- "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;
*The provisions of the Act, other than Chapter III, shall apply to Fiji w.e.f. 1-2-1979, vide Notifn. No. G.S.R. 38(E), dt. 22-1-1979 , Gaz. Of India , Exty., Pt. II, Sec. 3(i), p. 58.
- 3* Extradition offence" means-
- In relation to a foreign State, being a treaty State , an offence provided for in the extradition treaty with that State;
- 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;]
*The provisions of The Act, other than Chapter III, shall apply to the Commonwealth of Australia w.e.f. 30.8.1971, vide Notifn. No. G.S.R. 1381, dt. 30.8.1971, Gaz. of India, Exty., Pt. II, Sec. 3(i), p-895.
- Added by Act 66 of 1993, s. 2 (w.e.f. 18-12-1993 )
- 5th January, 1963; vide Notification No. G.S.R. 55, dated 5-1- 1963, Gazette of India , Extraordinary, Pt. II, Sec. 3(i) p. 7.
- Subs. by Act 66 of 1993 s. 4, (w.e.f. 18-12-1993 )
- "Extradition treaty" means a treaty 1*[, agreement or arrangement] made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty 1*[, 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;
- "Foreign State" means any State outside India 1*xxx, and includes every constituent part, colony or dependency of such State;
- 1*[ "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.]
- "Magistrate" means a magistrate of the first class or a presidency magistrate;
- "Notified order" means an order notified in the Official Gazette;
- "Prescribed" means prescribed by rules made under this Act; and
- "Treaty State" means a foreign State with which an extradition treaty is in operation.