The Extradition Act, 1962 is the Central legislation which came into force on January 5, 1963, the applicability of which extends to the Indian Territory as a whole including the State of Jammu and Kashmir. According to the Act ‘extradition offence’ means an offence as provided under the extradition treaty with a foreign State, where it is a treaty state. If the state is a foreign state but not a treaty state or where it is a commonwealth nation, the offence prescribed under the notification as provided under the second schedule to the Act.
The Act defines ‘extradition treaty’ as an agreement or treaty formed by India with another nation with regard to extradition of fugitive criminal and also consists of any agreement or treaty with regard to extradition of fugitive criminals that is formulated before August 15, 1947 which shall be applicable and binding on India. ‘Fugitive criminal’ is a person who is accused and punished of the extradition offence that comes under the jurisdiction and authority of a foreign state of the commonwealth nation or is believed to be in some part of Indian Territory.
The Central Government may direct that the application of the Act shall extend to such foreign nation and its parts or to commonwealth nation or its part as specified by an order notified by the Central Government. The Central Government shall confine such application to fugitive criminals who are located or believed to be in any part of Indian Territory as prescribed in the order. If the order of the Central Government concerns with a treaty state, it shall comply with the treaty completely and it shall not be enforced for a period more than the treaty. Furthermore, the Central Government may include exceptions, stipulations and qualifications to implement the provisions of the treaty in that State.
The diplomatic representative of commonwealth nation or foreign nation or the Government of that nation that corresponds with the Central Government through the diplomatic representatives of that nation shall request for the surrender of fugitive criminal of another state or commonwealth nation, may be raised before the Central Government. If any of these methods are not suitable, the request shall be made in another method according to the arrangement or plan made by the Government of foreign state of the commonwealth nation with the Central Government. When such a request is made, the Central Government may make an order to the magistrate having jurisdiction and authority to investigate the offence if it had done an offence that is committed in the limits of the jurisdiction of the magistrate for the ease of inquiry. The magistrate shall also issue an arrest warrant of the fugitive criminal, where an order is provided by the Central Government. The provisions of the Act shall have application to the commonwealth nations to which for the function of an extradition arrangement concluded with that nation, it may be necessary to the Central Government for the application of the same.
If a fugitive criminal of a commonwealth nation is found in Indian Territory, such person shall be detained and returned in the specified manner. The person who is accused or punished of an extradition offence and a foreign or commonwealth nation surrenders or returns that person, under a warrant issued by such nation, shall be brought to India and send to the appropriate authority provided as per law. But the accused person who has been surrendered or returned by another nation shall be tried for the extradition offence only and not to be tried for the prior offence committed by him.
The provisions of the Act shall not affect the Foreigners Act, 1946 or any direction or orders made under the Act. The Act repealed The Indian Extradition Act, 1903, New East Frontier Agency and Tuensang District (Extradition) Regulation, 1961 and Fugitive Offenders Act, 1881.