Repealed or not in force · As amended up to 2026-08
(3) For the purposes of this section, ''warrant" includes any judicial document authorizing the arrest of any person accused or convicted of an offence.
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. . 18. Nothing in this Chapter shall derogate from ChapWqnt ' to derogate the provisions of any treaty for the extradition of, fromtreadid, offenders, and the procedure provided by any such. treaty shall be followed in any case to. which it . ' applies, and the provisions of this Act shall be modi-; fied acoordingly. . .
CHAPTER. `IV,`
RENDITION OF FUGITIVE
OFFENDERS IN H L ~
.MAJESTY'S DOMINIONS.
19. For the purpose of applying and carrying Application
.into effect in British India the provisions of the.Fugi- of Fnaitive~-~
.into effect in British India the provisions of the.Fugi- of tive Offenders Aot, 1881, the following provisions if;$;,, '
44 6 4s : Vict.3 c.
Vict.3 c. `69.` are hereby made :-
. .
(a) the powers conferred on Governors r' of British possessions may be exercised by any . - Local Government :
. . . -
*:=.--= -
(6) the powers conferred on a 6c Superior Court ": may be e'xercised by any Judge of a High. court :
court : (c) the powers conferred i n a c6 Magistrate " mag be exercised by any Magistrate. of the first class or by any Magistrate empowered by.: the Local Government in that behalf : and
(d) the offences oommitted in British India to
(2) Warrants, depositions or statements on oath which purport to have been issued, received or taken by any Court of Justice outside British India, or copies thereof, and certifioates of, or judicial documents st.ating the faot of, csonviction before any such Court, shall be deemed duly authenticated,-
- (a) if the warrant purports to be signed by a Judge, Magistrate or oficer of the State where the same was issued or acting in or for such State :
(b) if the depositions or statements or copies thereof purport to be certified, under the hand of `a` Judge, Magistrate or officer of the State where the same were taken, or acting in or for such State, to be the original depositions or statements or to be true copies thereof, as the case may require :
(c) if the certificate OF, or judicial dooument stating the fact of, a conviction purports to be certified by a Judge, Magistrate 'or offioer of the State where the conviction took place or acting in or for such State : (d) if the warrants, depositions, statements, copies, certificates and judioial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the State where the same were respectively issued, taken or given.
(3) For
16. The provisions of this Chapter shall apply to of &apt,. an offence or to an extradition offenoe, as the case oE,nc,s may be, committed before the passing of this Act, and co:amitted
before its colnmenoament. Weceipt in evidence of exhibits, depositions and other dooomente.
Authentiostion of the same.
- (Cha9ter 111.--Surreader of Fzcgttive C~imdrt'ctls `i"` , case of States other than Po~eign States.--Eec' tiom 17.)
tqan offence in respect of which s Court of Briti~b India has conourrent jurisdiction.
`17,` (4 I n any proceedings under this Chapter, exhibits and depositions (whether received or taken `in` the presence of the person against whom they are used or not) and copies thereof, and official certificates of fasts and judicial documents stating facts, may, if duly authenticated, be received as evidence.
. (QhaptepIll;-sZGpi&nder `of` ~&J&fh@ C&i&l&iti case of Xtates other than , Poreiglt States.'-Sectiolt 18. Chapter IT.-Renditiolil of P~gitive Oflmders i)a His .Majesty's Dorniraions.-Xectioa 19.)
,
*&nition,$ wanant . .
which the Act applies, are piracy, treason and any offence punishable under the Jndian Penal Code with rigorous imprisonment for a term of twelve months or. more or with . . any greater . . punishment. CHAPTER `V.`
`XLV` of 1860.
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(d) the procedure and practice to be observed in extradition proceedings.
i I (3) Rules made under this section shall be pub. 1 lished in the Gazette of India and shall thereupon have effect as if enacted by this Act. 23. -Notwithstanding anything in the Code of Detention of v a€ lass. Criminal Procedure, 1898, any person arrested without an order from a Magistrate and without a under seation warrant, in pursuance of the provisions of section 54, 64, olanse clsuso seveatlaly, of the said Code,' may, under the ~ ~ ~ l ? t y ~ f ~ & ~ , orders of a Magistrate within the local limits of whose jurisdiction such arrest was made, be detained in the , same manner and subject to the same restrictions as a person arrested on a warrant issued by such Nagistrate under section 10.
24. The Acts mentioned in the second schedule are R Q P Q ~ ~ ~ . .B repealed to the extent specified in the fourth column thereof. L
`THE FIRST SCHEDULE.` EXTRADITION OBIENOPIS. [flee section 2, clazcse (b), and C k a ~ t e r `III` (Surrender of Pmgitive Criminals in case of States 0t1er t1an Boreign Btates) .I [The seot:ona reFerred to are the section3 of the Indian Penal Code.] Frauds upon oreditors (section a06).
Resistance
any one .or more States.
THE SECOND SCHEDULX.
||THESECONDSCHEDULX.|
|---|---|
||THESECONDSCHEDULX.|
|Year.<br>No.<br>4<br>XXI<br>IX|Shorttitle.-<br>Extentofrepeal.<br>4<br>---<br>The Foreign Juriediction and So muoh asia~~repealed.<br>Extradition Aot, 1879,<br>.!I%e Extradition (India) -Bat, The whole Act.<br>1896.|
|.I896<br>V|TheForeign Jurisdiction and The whole Act.<br>Extradition Act<br>(1879)<br>,|
||Amendment Act, 1696.<br>W,'|
|-.||
Source: India Code