Section 7 in The Extradition Act, 1962
7. Procedure before Magistrate
(1) When the fugitive criminal appears or is brought before the Magistrate, the Magistrate ... offence of which the fugitive criminal is accused or has been convicted is an offence of political character or is not an extradition offence
should be strictly construed. Any request for extradition
therefore must undergo the strict scrutiny test. Extradition offence keeping
in view its definition in Section ... Contracting States agree to
extradite to each other, persons who are accused of, charged with or
convicted of an extraditable offence.
Article 2 provides
extraditable
offences. The above mentioned offences for which the
extradition has not been specifically granted, also covered
under the definition of extraditable offence, as mentioned ... Section 21 of the Indian Extradition Act,
1962 an extradited fugitive cannot be tried in India for any
offence other than the one for which
effects or intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case ... 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
tried in that State for an offence other than (i) the extradition offence in relation to which he is to be surrendered or returned ... consent;] (d) if he has been accused of some offence in India, not being the offence for which his surrender or return is sought
which the person is accused or has been convicted is an extradition offence, the Magistrate shall commit the fugitive criminal to prison to await ... such person is accused or has been convicted is not an extradition offence, the Magistrate may, pending the receipt of the orders of the Central
Extradition Act, 1962
34. [ Extra-territorial jurisdiction [Substituted by Act 66 of 1993, Section 17, for Section 34 (w.e.f. 18.12.1993.)]
.An extradition offence
Extradition Act, 1962
20. Conveyance of accused or convicted person surrendered or returned
.Any person accused or convicted of an extradition offence who is surrendered ... offence, which, if committed in India would be an extradition offence, is surrendered or returned by a foreign State, such person shall not, until
Section 26 in The Extradition Act, 1962
26. Abetment of extradition offences
.A fugitive criminal who is accused or convicted of abetting [, conspiring, attempting ... Section 14 (w.e.f. 18.12.1993).]] any extradition offence shall be deemed for the purposes of this Act to be accused or convicted of having
should be sans national borders. Section 34 of the
Extradition Act stipulates that an extradition offence committed
by any person in a foreign state shall ... which the
person is accused, or has been convicted is an extradition
offence, he shall commit the fugitive criminal to prison to await
his return
