The Extradition Act, 1962 · III — RETURN OF FUGITIVE CRIMINALS TO[4] [FOREIGN STATES] WITH EXTRADITION ARRANGEMENTS

Section 2. The word "respectively" omitted by s. 7, ibid . (w.e.f. 18-12-1993)

In force · As amended up to 2026-08

2. The word "respectively" omitted by s. 7, ibid . (w.e.f. 18-12-1993). 3. The words "of a commonwealth country" omitted by s. 8, ibid . (w.e.f. 18-12-1993). 4. Subs. by s. 9, ibid. , for "COMMONWEALTH COUNTRIES" (w.e.f. 18-12-1993). 5. Subs. by s. 3, ibid ., for "commonwealth country" (w.e.f. 18-12-1993). 6. Subs. by s. 10, ibid ., for "country" (w.e.f. 18-12-1993). 2. Definitions . ― In this Act, unless the context otherwise requires,― 3 [(a) "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;] (b) "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; 4 [(c) "extradition offence" means― (i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State; (ii) 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;] (d) "extradition treaty" means a treaty[5] [,agreement or arrangement) made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty[5] [,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; (e) "foreign State" means any State outside India[6] * * * and includes every constituent part, colony or dependency of such State; 7[(f) "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, 1. Added by Act 66 of 1993, s. 2 (w.e.f. 18-12-1993). 2 . 5th January, 1963, vide Notification No. G.S.R. 55, dated 5th January, 1963, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 . Subs. by Act 66 of 1993, s. 4, for clause (a) (w.e.f. 18-12-1993). 4. Subs. by s. 4, ibid. , for clause (c) (w.e.f.18-12-1993). 5. Subs. by s. 4, ibid. , for "or agreement" (w.e.f.18-12-1993). 6. The words "other than a commonwealth country," omitted by s. 4, ibid . (w.e.f. 18-12-1993). 7. Subs. by s. 4, ibid. , for clause (f) (w.e.f. 18-12-1993). attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;] - (g) "magistrate" means a magistrate of the first class or a presidency magistrate; - (h) "notified order" means an order notified in the Official Gazette; - (i) "prescribed" means prescribed by rules made under this Act; and (j) "treaty State" means a foreign State with which an extradition treaty is in operation. 2. Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982).

Source: India Code

How this section changed

  1. substituted by Act 66 of 1993, s. 4

    In force from 18 Dec 1993

    Footnote: 7. Subs. by s. 4, ibid. , for clause (f) (w.e.f. 18-12-1993).