The Extradition Act, 1962
9. Power of magistrate to issue warrant of arrest in certain cases.
- Where it appears to any magistrate that a person within the local limits of his jurisdiction is a fugitive criminal of a foreign State 1*** he may, if he thinks fit, issue a warrant for the arrest of that person on such information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction.
- The magistrate shall forthwith report the issue of a warrant under sub-section (1) to the Central Government and shall forward 1. omitted by Act 66 of 1993, s. 3 (w.e.f 18-12-1993) the information, and the evidence or certified copies thereof to that Government.
- A person arrested on a warrant issued under sub-section (1) shall not be detained for more than three months unless within that period the magistrate receives from the Central Government an order made with reference to such person under section 5. Receipt in evidence of exhibits, depositions and other documents and authentication thereof.