Repealed or not in force · As amended up to 2026-08
(4) I n the case of a person arrested or detained under this section, the provisions of the Code of Criminal Procedure for the time being in force relating to bail shall apply in the same manner as if such person were accused of committing in British India the offence with which he is charged. -
Bail.
- 11. `(1)` A person accused of an offence committed in British India, not being the offence for which his surrender is asked, or undergoing sentence under any conviction in British India, shall not be surrendered in compliance with a warrant issued by a Political Agent under section 7 or a requisition made by or on behalf of any State not being a Foreign State under section 9, exoept on the condition that such person be re-surrendered to the Qovernment of India or the Local Qovernment, as the case may be, on the termination of his trial for the offence for which his surrender bas been asked : ~ r o a d e d that no such condition shall be deemed
Burrender of person accused of, or pndergo"% sentence for, offenoe in British India.
`1973.1` Extradition.
`,183-`
(Chapter I n - - Burrender of Pugitive Crimhals in case `of` States othe11 than Poreigm Btates.--Xectioms 12-16.)
to preveit or postpone the exeoution of a sentence of death lawfully passed.
(2) On the surrender of a person undergoing sen- suspension of
tence under a conviction in British India, his sentence sentence on shall be deemed to be suspended until the date of his [surrender. ] re-surrender, when it shall revive and have effect for the portion thereof whioh was unexpired at the time of his surrender.
12. The provisions of this Chapter with referenoe Ap lication to accused persons shall, with any necessary modifica- of 8hnpter t o tions, apply to the ease of a person who, having been persons. convicted of an offence in the territories of any State not being a Foreign State, has escaped into or is in British India before his sentence has expired.
of 8hnpter t o
CHAPTER 111.
SURRENDEB OF BUOITIVB CRIMINALS IN OASE `OF` STATES `OTHER` THAN FOREIGN STATES.
7. (1) Where an extradition offence has been com- Imue `d` mitted or is supposed to have been committed by b z;!:p person not being a European British subject, in the Agente in territories of any State not being a Poreign State, and oertrin such person ,escapes into or is in British India, and the Oage8'
Political N 2
`180` `iTx€radit$oaR` [AUT `XV` (Chapt kr III-Szcrrender `of` Pugitius ' ~ r i n h a l s in - case `of` States other tltarz Poreigtz States.-Seetion 8.)
`180`
- .
- (Chapt kr III-Szcrrender
-
Political Agent in or for such State issues a warrant, addressed to the District Magistrate of any district in whioh such person is believed to `bq` for his arrest and delivery at e place and to a person or authority indioated in the warrant, such Magistrate shall act in pursuance of such warrant and may give direotions aocordingly.
`(2) A` warrant issued as mentioned in sub-section (1) shall be executed in the manner provided by the law for the time being in forae with reference to the execution of warrants, and the accused person, when arrested, shall, unless released in accordanos with the provisions of this Act, be forwarded to the place and delivered to the person or authority indicated in the warrant.
Execution of such warrant.
Pror.Iamation `(3)` The provisions of the Code of Orirninal Proce-
and meot in case attach- meot in case attach- attach- dure for the time being in force in relation to proclam- of pemons ation and attachment in the case of persons abscond- absconding. ing shall, with any necessary modifications, apply where any warrant has been received by a District. Magistrate under this section as if the warrant had been issued by himself.
Pror.Iamation / and meot in case attach- meot in case attach- attach- I of pemons I absconding.
/
8, (I) Where a Political Agent has directed by endorsement on any such warrant that the person for whose arrest it is issued may be released on executing a bond with sufTicient sureties for his attendance before a person or authority indicated in this behalf in the warrant at a specified time and plaoe, the Magistrate to whom the warrant is addressed shall on such security being given - release such person from cuatody.
R e l y e on `=I-` - giving security.
I -
Ms@atrateto `(2)-` Where security is taken under this seotion, retam bond. the Magistrate shall certify the fact `ta` the Political Agent who issued the warrant, and shall retain the bond.
`(3)` I f the person bound by any such bond does not appear at the time and plaoe specified, the Magistrate
~e-arrest in craw of ' def anlt.
.
`10. (1)` If `it` appears to any Magistrate of the Power to first class or any Magistrate empowered by the Looal Government in this behalf that a Derson within the rants of - local limits of his jurisdiction is &used or suapeoted of having committed an offenoe in any State not being a Poreign Btate and that such person may lawfully be surrendered to such State, or that a warrant may, be issued for his arrest under seotion 7, the Magistrate may, if he thinks fit, issue a warrant for the arrest of such person on such information or corrplaint and on suoh widence as would, in his
opinion,
( ~ h a i t e r `111.-` Sicrrender of Fzcgitive Crimifials in case `of` States other thavz _Foreign States.--Sect i m 11.)
opinion, justify the issue of a warrant if the offence bad been committed ailthin the local limits of his jurisdiction.
1~8ue `OE` war- (2) The Magistrate shall forthwith report the issue mntt be re- re- of a warrant under this section, if the offenoe appears po,te8 forthwith. or is alleged to have been oommitted in the territories of a State -for which there is a Political Agent, to suoh Political Agent and in other cases to the Looal Qovernment.
1~8ue `OE` war- mntt be re- repo,te8 forthwith.
.(Oha$ter Ilf.-X~rremder of $~git,iue O~irninaZs ia case `qf` States other `f` ha@ Foreigrs States.--rSectima `9-10.)`
Magistrate may, on being satisfied as to his default, issue a warrant direoting that he be re-arrested and handed over to any person authorized by the Political Agent to take him into custody.
(3) A person arrested on a warrant issued under this section shall not, without the special sanction of the Local Government, be detained more than two months, unless within such period the Magistrate receives an order made with reference to suoh person in accordance with the procedure prescribed by section 9, or a warrant for the arrest of such person under seotion 7.
Limit of time of detention of person arrested.
Source: India Code