Section 2 in Treaty between the Republic of India and the Federal Republic of Germany on Extradition
2. be detained in the Requesting State for the purpose of his or her extradition to a third State, or be re-extradited to such a State, unless the Requested State consents to this.
(2)A request for the consent of the Requested State under this Article shall be accompanied by all the relevant documents specified in Article 12 and by a court record of statements made by the person extradited. Paragraph 1 of Article 13 shall apply mutatis mutandis.(3)Paragraph 1 shall not apply if the person extradited, although having had an opportunity to leave the territory of the Requesting State, has not done so within 45 days of his or her final release, or has returned to that territory after leaving it. Release on parole or probation without an order restricting the freedom of movement of the extradited person shall be deemed equivalent to final release.Article 20Notification of the Outcome of the Criminal ProceedingsThe Requesting State shall notify the Requested State, upon demand by the latter, of the outcome of the criminal proceedings being conducted in respect of the extradited person and shall send a copy of the final and binding decision to the Requested State.Article 21Surrender of Property(1)To the extent permitted under the laws of the Requested State, all articles which may serve as evidence, or which have been acquired as a result of an offence, or which have been obtained as consideration for such articles, and which at the time of arrest are found in the possession of the person sought or are discovered subsequently, shall be surrendered if extradition is granted. Surrender of such articles shall be possible even without any special, request and, if possible, at the same time that the person sought is surrendered.(2)Subject to the conditions specified in paragraph 1, the articles mentioned therein shall be surrendered even if the person sought cannot be surrendered owing to his or her death or escape.(3)Insofar as rights of the Requested State or of third parties to the articles are to be respected, the Requested State may refuse surrender or make surrender conditional upon a satisfactory assurance from the Requesting State that the articles will be returned to the Requested State as soon as possible.Article 22Mutual Legal Assistance in Connection with ExtraditionEach Contracting State shall, to the extent permitted by its law, afford the other the widest possible measure of mutual legal assistance in criminal matters in connection with the offence in respect of which extradition has been requested.Article 23Transit(1)Transit of a person who is the subject of extradition from a third State through the territory of a Contracting State to the territory of the other Contracting State shall be granted upon submission of a request, provided that the offence concerned is an extraditable offence under Article 2, and that the Contracting State requested to grant transit does not consider the offence to be one covered by Article 3 or 4.(2)Transit of a national of the Requested State may be refused if, in the opinion of that State, it is inadmissible under its law.(3)The request for transit must be accompanied by the documents mentioned in Article 12.(4)Article 11 shall apply mutatis mutandis.Article 24Personal Data(1)Personal data, hereinafter referred to as "data", shall be understood to be particulars on the personal or factual situation of an identified or identifiable natural person.(2)Data transmitted on the basis of this Treaty shall only be used for the purposes for which the data were transmitted and on the conditions determined by the transmitting Contracting State in each individual case. In addition such data may be used for the following purposes:(a)for the prosecution of offences,(b)for the prevention of offences of considerable importance,(c)for non criminal court proceedings and administrative proceedings which are related to the use for which the data were transmitted pursuant to the first sentence or related to the use outlined in sub-paragraphs a) and b),(d)toward off a substantial danger to public security.Use of the data for other purposes shall require the prior consent of the Contracting State transmitting the data concerned.(3)Subject to the domestic legal provisions of each Contracting State, the following provisions shall apply to the transmission and use of data:(a)Upon request, the Contracting State which has received the data shall inform the transmitting State of the data received, of the use made of the data and of the results achieved therefrom.(b)The Contracting States shall carefully handle data transmitted under this Treaty and pay particular attention to the accuracy and completeness of such data. Only data that relate to the request shall be transmitted. If it appears that incorrect data have been transmitted or that data that should not have been transmitted were transmitted, the Contracting State that has received the data shall be notified without delay. The Contracting State that has received the data shall rectify or correct any errors or erase the data.(c)The Contracting States shall keep records in an appropriate form concerning the transmission and receipt of data.(d)The Contracting States shall afford effective protection of the data transmitted against unauthorised access, unauthorised alteration and unauthorised publication.(e)Upon request, the person concerned shall be informed about existing data relating him as well as about the purpose for which they are to be used and the purpose of their storage. There shall be no obligation to give information where on a weighing of interests, the public interest in not giving information is found to outweigh the interest of the person concerned in being informed. In all other respects the right of the person concerned to be informed of existing data relating to him shall be governed by the domestic law of the Contracting State in whose territory the information is requested.(f)If as a result of transmissions in the context of data ,exchange under this Treaty a person suffers unlawful damage, the receiving State shall be liable to him therefor according to its domestic law. The receiving State, cannot, vis-a-vis the aggrieved person, invoke the fact that the damage was caused by the transmitting State as a defence. If the receiving State pays compensation for damage that was caused by using incorrect data received from the transmitting State, the transmitting State shall reimburse the receiving State in respect of such compensation in accordance with the relevant provisions of its domestic law.Article 25Applicable LawExcept where this Treaty provides otherwise, the law of the Requested State shall be applicable to proceedings relating to provisional detention while awaiting extradition, to extradition and to transit.Article 26Language to be UsedThe documents transmitted in application of this Treaty shall be in the language of the Requesting State. German requests shall be accompanied by a translation into English, Indian requests by a translation into German.Article 27ExpensesExpenses arising from the transportation of a person sought to the Requesting State shall be borne by that State. Other expenses arising from an extradition or a transit request shall not be claimed by the Requested State from the Requesting State. The competent legal officials of the State in which the extradition proceedings take place shall, by all legal means within their power, assist the Requesting State before the competent judges and officials.Article 28Scope of ApplicationThis Treaty shall apply to offences encompassed by Article 2 committed before as well as after the date on which this Treaty enters into force. Extradition shall not be granted, however, in respect of an offence committed before this Treaty enters into force which was not an offence under the laws of both Contracting States at the time of its commission.Article 29RegistrationRegistration of this Treaty with the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations, shall be initiated by the Federal Republic of Germany immediately following its entry into force. The other Contracting State shall be informed of registration, and of the UN registration number, as soon as this has been confirmed by the Secretariat of the United Nations.Article 30Ratification; Entry into Force; Denunciation(1)This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged in New Delhi as soon as possible.(2)This Treaty shall enter into force 30 days after the exchange of the instruments of ratification.(3)This Treaty shall continue in force until the expiration of one year from the date on which written notice is given by one Contracting State. The date of receipt of such notice by the other Contracting State shall be definitive for determining the deadline.Done at Berlin on the 27th June, 2001 in duplicate in the Hindi, German and English languages, all three texts being authentic. In case of divergent interpretation of the Hindi and the German texts, the English text shall prevail.Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 12 of the Extradition Act, 1962 (34 of 1962), the Central Government hereby directs that the provisions of the said Act, other than Chapter II, shall apply to the Federal Republic of Germany with effect from the date of the publication of this notification.
