 the extradition bill, 1962(as introduced in lok sabha on 19th june 1962)  arrangement of clauses clauses chapter ipreliminary 1 short title, extent and commencement 2 definitions 3 applications of act  chapter iiextradition of fugitive criminals to foreign states and m commonwealth countries to which chapter iii does not apply 4 requisition for surrender 5 order for magisterial inquiry 6 issue of warrant for arrest 7 procedure before magistrate s surrender of fugitive criminal 9 power of magistrate to issue warrant of arrest in certain c1ses 10 receipt in evidence of exhibits, depositions and other documents lnd authentication thereof 11 chapter not to apply to commonwealth countries to which chapter iii applies  chapter iii return of fugitive criminals to commonwealth countries with extradition arrangements 12 application of chapter13 liability of fugitive criminals from commonwealth countries to be apprehended and returned 14 endorsed and provisional warrants (i 974 (b) ls-i clauses 15 endorsed warrant for apprehension of fugitive criminal 16 provisional warrant for ~pprehension of fugitive criminal 17 dealing with fugitive criminal when apprehended 18 return of fugitive criminal by warrant  chapter iv surrender or return of accused or convicted persons from foreign states or commonwealth countries19 mode of requisition or form of warrant for the surrender or return to india of accused or convicted person who is in a foreign state or commonwealth country 20 conveyance of accused or convicted person surrendered or returned 21 accused or convicted person surrendered or returned by foreign state or commonwealth country not to be tried for previous offence  chapter v miscellan'bous22 liability of fugitive criminals to be arrested and surrendered or returned 23 jurisdiction as to offences committed at sea or in air 24 discharge of person apprehended if not surrendered or returned within two months 25 release of persons arrested on bail 26 abetment of extradition offences 27 lawfulness of, and retaking on escape from, custody under warrants 28 property found on fugitive criminal 29 power of central government to discharge any fugitive cri minal 30 simultaneous requisitions 31 restrictions on surrender 32 sections 29 and 31 to apply without any, modiftcation thereof 33 act not to affect the foreigners act, 1946 34 application of act to republic of ireland claudi 35 notified orders and ndtiacations to be laid before parliament 36 power to make rules 37 repeals and savings the first schedule the second schedule  the extradition bill, 1962 (as introduced in lok sabha)a bill to consolidate and amend the law relating to the ertradition of fugitive criminals be it enacted by parliament in the thirteenth year of the republic of india as follows:-chapter i  puliminarys 1 (1) this act may be called the extradition act, 1962 (2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the ofticial gazette, appoint z in this act, unless the context otherwise requires,-10 (a) "commonwealth country" means a commonwealth country specified in the first schedule and such other commonwealth country as may be added to that schedule by the central government by notification in the official gazette and includes evel")' constituent part, colony or dependency of any commonwealth country so specified or added; 1 ~ 974 (b) ls-2 (b) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "person accused" includes a person 10 convicted for contumacy; (e) clextlradition offence" meanss (i) in relation to a foreign state, being a treaty state, an offence provided for in the extradition treaty with that state; (ii) in relation to a foreign state other than a treaty state or in relation to a commonwealth country an offence 10 which is specified in, or which may be specified by notification under, the second schedule; (d) "extradition treaty" means a treaty or agresent made by india with a foreign state relating to the extradition of fugitive criminals, and includes any treaty or agreement relating 15 to the extradition of fugitive criminals made before the 15th day of august, 1947, which extends to, and is binding on, india; (e) "foreign state" means any state outside india other than a commonwealth country, and includes every constituent part, colony or dependency of such state; 20 (f) "fugitive criminal" means an individual who is accused or convicted of an extradition offence committed within the jurisdiction of a foreign state or a commonwealth country and is, or is suspected to be, in some part of india; (g) "magistrate" means a magistrate of the first class or a 25 presidency magistrate; (h) "notified order" means an order notified in the ofticial gazette; \ ! (i) "prescribed" means prescribed by rules made under this act; and 30 (j) "treaty state" means a foreign state with which an extradition treaty is in operation i (1) the central government may, by notified order, direct ap~tioda that the provisions of this act other than chapter iii shall apply- 0(, (a) to such foreign state or part thereof; dr (b) to such commonwealth country or part thereof to s which chapter iii does not apply; as may be specified in the order (2) the central government may, by the same notfflec1 order is referred to in sub-section (1) or any subsequent notified order, restrict such application to fugitive criminals found, or suspected to 10 be, in such part of india as may be specified ian the order (3) where the notified order relates to a treaty state,-(a) it shall set out in full the extradition treaty with that state; (b) it shall not remain in force for any period longer than that treaty; and 15 20 (e) the central g9vernment may, by the same or any subsequent notified order, render the application of this ad subject to such modifications, exceptions, conditions and quau-fications as may be deemed expedient fnr implementing the treaty with that state  chapter ii extradmon of fugitive criminais to 1'00000on statbs and to commonwealth countries to which chapter iii does not apply2s 4 a requisition for the surrender of a fugitive criminal of a requflltbl foreign state or a commonwealth country may be made to the central !:redder government-(a) by a diplomatic representativ'e! of the foreign state or' commonwealth country at delhi; or 30 (b) by the government of that foreign state or commonwealth country communicating with the central government through its diplomatic representative in that state or country; and if neither of these modes is convenient, the requibitioll shall be made in such other mode as is settled by arrangement made by the 35 government of the foreign stiite or commonwealth country with the government of jncli~, oldie"  terial inquiry 5 where such requisition is made, the central government may, if it thinks tit, issue an order to any magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction, dil'lectlng him to inquire into the case 5 8 on receipt of an ordu of the central government under seetion 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal proce4ure wore mqiltrate 7 (1) when the fugitive criminal appears or is brought befon the magistrate, the magistrate shall inquire into the case in the sam 10 manner and shall have the same jurisdiction and powers, as nearl) as may be, as if the case were one triable by a court of session ~ high court (2) without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may is be produced in support of the requisition of the foreign state or commonwealth country and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal is accused or has been convicted is an offence of political character or is not an extradition offence 20 (3) if the magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign state or commonwealth country, he shall discha-ge the fugitive criminal (4) if the magistrate is of opinion that a prima facie case is _de out in support of the requisition of the foreign state or com- 25 ftlonwealth country, he may commit the fugitive criminal to prison to await the orders of the central government, and shall report tbe result of his inquiry to the central government; and shall forward together with such report, any written statement which the f11gitive criminal may desire to submit for the consideration of the 30 central government surrender of fugitive crimi_l 8 if, upon receipt of the report and statement under sub-seetlod (4) of ~ion 7 the central government is of opinion that the fugitive c:rlminal ought to be surrendered to the foreign state or commol1weaith country, it may issue a warrant for the custody and 3s removal of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant i (l) where it appears to any magistrate that a person within pow~ of the local limits of his jurisdiction is a fugitive criminal of a fol"eign :-~~:eatc state or commonwealth country, he may, if he thinks fit, issue a wurant of warrant for the arrest of that person on such information and on::::o m 5 such evidence as would, in his opinion, justify the issue of a warrant calea if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction (2) the magistrate shall forthwith report the issue of a warrant under sub-section (1) to the central government and shall far-10 ward the information, and the evidence or certified copies thereof to that government (3) a person arrested on a wartrant issued under sub-sediol' (1) shall not he detained for more than three months unless within that period the magistrate receives from the central government 15 an order made with reference to such person under section 5 10 (1) in any proceedings against a fugitive criminal of a foreign r~ipt in state or commonwealth country under this chapter, exhibits and ~fl!hl~it, depositions (whether received or taken in the presence of the per  deposition son against whom they are used oil" not) and copies thereof ana ~'!,'!:u:~~: 20 official certificates of facts and judicial documents stating facts may ~t' autheoif duly authenticated, he received as evidence ~cr:r (2) warrants, depositions or statements on oath, which purport to have been issued or taken by any court of justice outside indfa or copies thereof certificates of, or judicial documents stating the 25 facts of, conviction before any such court shall be deemed to he' duly authenticated if-(0) the warrant purports to be signed by a judge, magistrate or officer of the state or country where the same waf issued or acting in or for such state or country; 30 (b) the depositions or statements or copies thereof purport to he certified, under the hand of a judge, magistrate or officer of the state or country w-here the same were taken, or acting in or for such state or country, to be the original depositions or statements or to be true copies thereof, as the case may 35 require; (c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a judge, magistrate or oftllcer of the state or country where the conviction took place or acting in or for such state; (d) the warrants, depositions, statements, copies, certl1icates and judicial 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 or country where the same were respectively issued, taken or given 11 nothing contained in this chapter shall apply to fugitive criminals of a commonwealth country to which chapter ni applies chapter not to apply to commonwealth countries to which cb~ter iii apphes  chapter iii10  retubn of fugitive criminals to commonwealth countries with extradmon arrangementsapplication of chapter 12 (1) this chapter shall apply only to any such commonwealth country to which, by reason of an extradition arrangement entered into with that country, it may seem expedient to the central government to apply the same (2) every such application shall be by notified order, and the is central government may, by the same or any subsequent notifted order, direct that this chapter and chapters i, iv and v shall, in relation to any such commonwealth country, apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementlne the 20 arrangement lfabwty of 13 where a fugitive criminal of any commonwealth country to fu~~ve fi cri- which this chapter applies is found in india, he shall be liable to ::~u:on~om be apprehended and returned in the manner provided by this w~tb coudbe- chapter to that commonwealth country 25 tnes to apprehended add returned it a fugitive criminal may be apprehended in india under an endorsed warrant or a provisional warrant eddoned and provisional warrant  bndorsed 15 where a warrant for the apprehension of a fugitive criminal ;~~:h~!~r has been issued in any commonwealth country to which this chapter '!on o~ fugi- applies and such fugitive criminal is, or is suspected to be 30 ~:l crimiin india, the cenb-al government may, if satisfted that the warrant was issued by a persoll mvin, lawful authority to islue the  endorse such warrant in the manner prescribed, and the warrant 80 endorsed shall be suftlcient authority to apprehend the person named in the warrant and to bring him before any magistrate in india 16 (1) any magistrate may issue a provisional warrant for the provisic'daj s appl"ehension of a fugitive criminal from any commonwealth coun- :ar:h!n!or try to which ihis chapter applies who js or is suspected to be, in f£ of or on his way to india, on such information and under such circum- !:~~~ stances as would, in his opinion, justify the issue of a warrant, if the offence of which the fugitive criminal is accused or has been 10 convicted had been committed within his jurisdiction and such warrant may be executed accordingly (2) a magistrate issuing a provisional warrant shall forthwith send a report of the issue of the warrant together with the information or a certified copy thereof to the central government, and the 15 central government may, if it thinks fit, discharge the person apprehended under such warrant (3) a fugitive criminal apprehended on a provisional warrrnt may, from time to time, be remanded for such reasonable time, not exceeding seven days at anyone time, as under the circumstances 20 seems requisite for the production of an endorsed warrant 17 (1) if the magistrate, before whom a person apprehended under dcajidl with this chapter is brought, is satisfied on inquiry that the endorsed fu~vc flwarrant for the apprehension of the fugitive criminal is duly authen- :'pprehc~d~ ticated and that the offence of which the person is accused or has ca 25 been convicted is an extradition offence, the magistrate shall commit the fugitive criminal to prison to await his return and shall forthwith send to the central government a certificate of the committal (2) if on such inquiry the magistrate is of opinion that the endorsed warrant is not duly authenticated or that the offence of which 30 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 government, detain such person in custody or release him on bail ' (3) the magistrate shall report the result of his inquiry to the 35 central government and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of that government 18 the central government may, at any time after a fugitive criminal has been committed to prison under this chapter, issue 40 a warrant for the custody and removal to the commonwealth country concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant  chapter iv surrender or return 01' accused or convicted persons nom i'oreign states or commonwealth countries- mode of 18 (1) a requisition for the surrender of a person accused or requisition convicted of an extradition offence committed in india and who is s orform of warflllt or is suspected to be, in any foreign state or a commonwealth counfor thed try to which chapter iii does not apply, may be made by the lurren ct or return to central government-!:n::edof or (a) to a diplomatic representative of that state ql' country convicted at delhi' or 10 penon who ' is ~ (b) to the government of that state or country through ~~~:~c the diplomatic representative of india in that state or country; wealth country and if neither of these modes is convenient, the requisition shall be made in such other mode as is settled by arrangement made by the government of india with that state or country is (2) a warrant issued by a magistrate in india for the apprehension of any person who is, or is suspected to be, in any commonwealth country to which chapter iii applies shall be in such form as may be prescribed ~onveyadced 20 any person accused or convicted of an extradition offence 20 or co~=d who is surrendered or returned by a foreign state or commonwealth ~ d country may, under the warrant of arrest for his surrender or ~~ re~ return issued in such state or couritry, be brought into india and delivered to the proper authority to be dealt with according to law accused or convicted person ilultcndered or retumecl by foreign state or common-__ ith 21 whenever any person accused or convicted of an offence,2s which, if committed in india would be an extradition offence, is surrendered or returned by a foreign state or commonwealth country, that person shall not, until he has been restored or has had an opportunity of returning to that state or country, be tried in india for an oftence committed prior to the surrender or return, other 30 than the extradition offence proved by the facts on which the sur-~der or return is based country dot to be tried for previous ofrcdce  chapter v miscellaneouslability of zz every fugitive criminal of a foreign state or commonwealth 35 fd&ittye country shall, subject to the provisions of this act, be liable to be :m~'::'it- arrested and surrendered or returned, whether the offence in ires-cd and sur- pect of which the surrender or return is sought was committed be-= or fore or after the commencement of this act, and whether or not b court in india has jurisdiction to try that offence 40 d where the offence in respect of which flhe surrender or re- juriid  turn of a fugitive criminal is sought was committed on board any -: vessel on the high seas or any aircraft while in the air outside india ~0iiudi'te4 or the lndian territorial waters which comes into any port or aero- ~ lea or iii s drome 01 lndia, the central government and any magistrate havidg air jurisdictlon in such port or aerodrome may exercise the powers coilferred by this act i 24 if a fugitive criminal who, in pursuance of this act, has been diicbarf committed to prison to await his surrender or return to any foreign of period 10 state or commonwealth country is not conveyed put of india within ~ two months after such committal, the high court, upon application rmdaecl or made to it by or on behblf of the fugitive criminal and upon proof :::u~ two that reasonable notice of the dntention to make such application baa jdodthl been given to the central government, may order such prisoner to i discharged unless sufficient cause is shown to the contmry 25 in the case of a person who is a fugitive cr1minaj arrested or rc1cue cjl detained under this act, the provisions of the code of criminal peno:a ! procedure, 1898, relating to ,ball sball apply in the same manner as :-oa they would apply it such person were accused of committing in lnwa the offence of which he is accused or has been convicted, and :'w'in relation to such ball,  the magistrate before whom the fugitive criminal is brought shall have, as far as may be, the same powers and jurisdiction as a court of sesslion under that code 26 a fugitive criminal who is accused or convicted of abetting abetmerat any extradltion offence sballbe deemed for the purpoha of thii act of !xtr -2s to be accused or convicted 01 having committed such offence and:" siball be liable to be arrested and surrendered accordingly 27 it shall be lawful for any person to whom a warrant is direct- lawfalae •• ed for the qpprehension of a fugitive crimidal to hold in custody of, aod 30 and convey the person mentioned ,in the warrant to the place named ~~ in the warrant, and if such person escapes ollt of any atxxiy to from, cu  which he may be delivered in pursuance of such warrant, he may =-be re-taken as a person accused of an oftence against the law of lndia may be re-taken upon an escape 3' 28 everything found in the possession of a fugitive crimjdal at property the time of his arrest which may ,be material 88 evidence in provida ~od the extradition offence may be delivered up 'w'lth the fuaitive aal crimidaj on his surrender or return, subject to the riehti if -7, of third parties with -espect thereto 9'14(8) ls-3 ;  cd ~ 21 if it appears to the central government that by reason of the e: trivial nature of the case or by reason of the application for the 411 aurrender or return of a fugitive criminal not being made in good :r':~1f faith or in the interests of justice or for political reasons ql' otherwise, it is unjust or inexpedient to surrender or return the fugitive 5 criminal, it may, by order, at any time stay any proceedings under this act and direct any warrant issued or endorsed under this act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged  9ch i~· requisitions for the surrender of a fugitive criminal are 10 :  received from more than one foreign state or commonwealth country or from any foreign state and any commonwealth country, the centjal· government may, having regard to the circumstances of the cue, surrender the fugitive criminal to such state or country as that ggvemmentthidks fit 15 31 a fugitive criminal shall not be surrendered or returned to a foreigft state or commonwealth country-(<<) if the offence, in respect of which his surrender is sought is of a politieal· character or if he proves to the satisfaction of the magistrate or court before whom he may be produced 20  or of the central government that the requisition or warrant for his surrender haa, in fact, been made with a'view to try or punish him for an offence of a political character; (b) 1£ prosecution for the offence in respect of which his surrender-i8sought is according to the law of that state or 25 country barred by·time; (c) unless provisionilmade by the law of the foreign state or commonwealth country or in the extradition treaty with the foreign state or extraditiol\ arrangement with the commonwealth country, that the fugitive criminal shall not, until he has been 30 restored or haa hadan opportunity of returning to india, be detained or tried in that state or country for any offence committed prior to his surrender or return, other than the extradition oftenoe proved by the facts on which his surrender or return is based; 3s (d) if he has been accused of some offence in india, not being the offence for which his surrender or return is sought, or is undergoing sentence under any conviction in india untu after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise; 40 (e) untu after the expiration of fifteen days from the date of his being committed to prison by the magistrate 32 notwithstanding anything to the contrary containedftt section at section 8 or section 12, the provisions of sections 29 and 31 shan =i:~d­, apply without any modification to every foreign state or common- out an, i wealth coud~ =~od  --   ~~  " -33 nothing in this act shall affect the provisions of the fore- ::ect~o ~ igners act, 1946, or any order made thereunder poreipen act 1946 h the provisions of this act shall apply in relation to the be-:t  jicatl)n 10 public of ireland in the like manner and subject to the like condi-=i; of tions as they apply in relation to a commonwealth country i 35 every notifled order made or notification issued under this notified aet shall, as soon as may be after it is made or issued, be laid before ::i:c~ each house of parliament to be laid before parliam~t is 36 (1) the central government may, by notification in the powerto official gazette", make rules to carry out the purposes ()f this act juke rala (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-20 (a) the form in which a requisition for the surrender of a fugitive criminal may be madej (b) the form in which a warrant for the apprehension of any person in a commonwealth countryi to which chapter in applies may be made; (c) the manner in which any warrant may be endorsed or authenticated under this act; (d) the removal of fugitive criminals accused or in custody under this act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them; 30 (e) the seizure and disposition of any property, which i the subject of, or required for proof of, any alleged offence to which this act applies; 35 (f) the form and manner in which or the channel through which a magistrate may be required to make his report to the central government under this act; (g) any other matter which has to be, or may be, prescribed (3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament whue it is in session for a total period of thirty, days which may be comprised in one session or in two successive sessions, and if before th~ expiry 5 of the session in which it is so laid or the session immediately tollowing, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have e1!ect only in such modified form or be of no effect, as the :ase may be; 80 however that any such modi8cation or 10 annulment shall be without prejudice to the validity, of anything previously done under that rule lad 11 (1) the indian extradition act, 1903, and any law correspon-15 of liios ing thereto in force at the commencement of this act in the territories which, immediately before the 1st day of november, 1956, were is comprised in part b states and the north east frontier agency and tuensang district (extradition) regulation, 1961, are hereby re-3 of 1161 pealed (2) the extradition acts, 1870 to 1932 and the fugitive offenders ~ ad 34 act, 1881, in so far as they apply' to and operate as part of the law of 20 3r-an'!i 5:; lncua, are hereby repealed viet c 60;  6 bclw 7 c-15 - uud 330;; s, co 39 4445 vicl c 6f [see section 2 <a> ] the following are commonwealth countries:-1 commonwealth of australia s 2 canada 3 ceylon 4 cyprus 5 federation of malaya 6 ghana 10 7 new zealand 8 nigeria 9 pakistan 10 sierra leone 11 singapore 15 12 tanganyika 13 unitec;l kinsdolq eztraditlicm offences in relation to foreign states other than 'treaty states 01' in relation to commonwealth countries the following list of extradition offences is to be construed aecor-s ding to the law in force in india on the date of the alleged offence wherever the names of the relevant acts are not given, the sections referred to are the sections of the indian penal code (45 of 1880):-1 culpable homicide (sections 299 to 304) 2 attempt to murder (section 307) 10 s causing miscarriage and abandonment of ehud (sections 312 to 317) 4 kidnapping, abduction, slavery and forced labour (sections 360 to 374) 5 rape and unnatural offences (sections 375 to 377) 15 8 theft, extortion, robbery and dacoity: (sections 378 to 402) '1 criminal misappropriation and criminal breach of trust (sections 403 to 414) 8 cheating (sections 415 to 420) ,1, 9 mischief (sections 425 to 440) zo 10 forgery, using forged documents and other offences relat-ing to false documents (sections 463 to 477a) 11 offences relating to coins and stamps 283a) (sections 230 to , -;- ' 12 sinking or destroying a vessel at sea or attempting or as consptrlng to do so  13 damaging or destroying an aircraft in the air or attempting or conspiring to do so 14 assault on board a vessel on the high seas or an aircraft in the air outside india or the indian territorial waters 30 with intent to destroy life or to do grievous bodily harm 15 revolt or conspiracy to revolt by two or more persons on board a vessel on the high seas or an aircraft in the air outside india or the indian territorial waters against 35 the authority of the master or the pilot in command  , '' • 14 16 smuggling of gold, gold manufactures, diamonds and othet precious stones or of any narcotic substance [section 167, entry 81 in column 2 of schedule, sea customs act, 1878 (8 of 1878)] , 17 immoral traffic in women and girls [sections 4,5, 6 and 8 of the suppression of immoral traffic in women and girls act, 1956 (104 of 1956)] 10 18 any offence which if committed in india would be punta able under any other section of the indian penll code or any other law, and which may, from time to· ttrtt~j be specified by the central government by i1bwu:auon in the official gazette either generally for au fotelgn states or for all commonwealth counti1es or speclmy for one or more such states or countries at present, the law of extradition applicable to india is to be found scattered in the united kingdom extradition acts, 1870 to 1932, the fugitive offenders act, 1881, and the indian extradition act, 1903 the united kingdom extradition act, 1870, in its application to india, authorised the extradition of fugitive offenders betweed india and 'foreign states', a term which meant states to which that act was made applicable by her britannic majesty"s order in council the fugitive offenders act, 1881, on the other hand, provided a method whereby extradition of fugitive offenders could be effected between the british dominions and possessions by a simplified form of procedure the indian extradition act, 1903, modified and supplemented the other laws by-(a) prescribing the procedure for the surrender of fugitive criminals in the case of 'foreign states'; (b) providing a special machinery for the surrender of fugitive criminals in case of states other than 'foreign states'; and (c) specifying the officers in india who may exercise the powers conferred by the fugitive offenders act, 1881  2 the indian extradition act, 1903, was not extended to part b states in 1961 when the part b states (laws) act, 1951, was enacted u it was felt eved then that this should be done by a separate law, after a proper examination of the position the result is that the legal positiod relating to the surrender of fugitive criminals to 'foreign states' add commonwealth countries under the existing law from the erstwhile part b states is somewhat doubtful further, the supreme court, in its judgment in the state of madras vb c g menon reported in (1955) supreme court reporter 280, has held that after india became a republic, the fugitive offenders act, 1881 has ceased to apply' to india moreover, the present law relating to extradition contains certain lacunae on questions such as concurrent requests for the surrender of a fugitive criminal from more than one state 3 the purpose of this bill is to remove all such anomalies and ftl1 in the lacunae that exist at present in the law relating to extradition and enact a consolidated add amended law for the extradition of fugitive criminals to all foreign states and commonwealth coun-~ -4 a bill od ,the 8ubject was introduced in the lok sabha on the 7th august, 1961 the bill wu referred to a joint committee and the committee presented the report on the 30th november, 1981 'l\~ bill, as reported by the joint committee could not be taken up for consideration in parliament for want of time and it lapsed on the dissolution of the lok sabha the present bill incorporates all the recommendations made by thej oint commlttee and opportunity has been taken to make certain minor changes 5 the notes on clauses explain in detail the -various provisfom of the bill new delhi; the 8th june, 1962 jawaharlal nehru claule 2-sub  claus8 (a) -definition of commonwealth country is more or less on the same lines as in the citizenship act, 1955 a few"morecc)uniries ,which have gained independence have been added in the first schedule the sub-clause would enable the ceniral government to include new commonwealth countries in the schedule , subclause (b) -certain foreign laws like the french provide for the condemnation of an accused person par contumace but such con'" demnation is annulled if the accused person appears before the court, when his trial begins afresh such a person is correctly described as an accused person and not as a convicted person for the purposes of the extradition law this sub-clause is intended to clarify this position and follows similar definitions in the united kingdom and canadian acts sub-clause (c) -the expression "extradition offence" is so defined as to mean, in relation to a foreign state being a treaty state, an offence provided for in the extradition treaty with that state and in relation to a foreign state other than a treaty state or in relation to a commonwealth country, an offence which is specified in, or which may be specified by notification under, the second schedule sub-clause (d) -the definition of "extradition treaty" covers even pre-independence treaties clause a-this clause covers all states outside india including commonwealth countries to which chapter iii does not apply the act can become operative in relation to such states only on the issue of a notified order provision has been made in the clause whereby it may be possible to make this act effective only in relation to certain parts of india in regard to a treaty state, power has also been taken to render the application of the act subject to such modifications, exceptions, conditions and qualifications as may be deemed expedient for implementing the treaty with that state clause 4-this clause prescribes the channel through which a requisition for the surrender of a fugitive criminal of a foreign state or a commonwealth country to which chapter iii does not apply may be made to the central government clause 5-this clause empowers the central government to issue an order to a magistrate having jurisdiction to enquire into the offence in respect of which requisition has been received under clause 4 this clause follows sub-section (1) of section 3 of the indian extradition act, 1903 clauses 6 and 7-these clauses prescribe the procedure to be followed by a magistrate when order is received by him under clause 5 these clauses more or less are based on sub-sections ,(2), (3), (4) and (6) of section 3 of the indian extradition act, 1903 clause s-this clause is based on sub-section (8) of section 3 of the indian extradition act, 1903 clause 9-this clause more or less reproduces section 4 of ~ indian extradition act, 1903 clause 10-this clause reproduces section 17 ,of the indian extradition act, 1903 clause n-this clause makes it clear that chapter ii will not apply in respect of fugitive criminals of a commonw-ealthcountry to which chapter iii applies 'clause 12-this clause makes it clear that"chapter iu will apply only to stich of the commonwealth countries as have entered 'into ~­tradition arrangements with· the central government:sub-clause (2) of this clause further provides that every such application shall be by notified order the central government is further empowered to apply the provisions of chapter iii and other chapters 'in relation to any such commonwealth country subject to such modiftcations, exceptions, ,conditions and, qualifications as it may thlnk fit to ,specify for the purposes of implemenung theauangement cl0u8e 13-this clause makes it clear that a fugitive crimidallof a ooiid'iloftwealthcountry, to' which chapter iii is made applicable' shall· be, liable to be apprehendeciaftd returned'in the'ma:nner,pl'ovi  ded in the ,said chapter clause 15-this clause follows section 13 of the fugitive offenders act, ·l88l clause 16-suh-clause (1) of this clause follows section 18 of the' fugitive offenders act, 1881 sub-clause (2) requires a magistrate issuing a 'provisional warrant under sub-clause (1) to report the issue of such warrant to the central government  cltzuie 17-thia clause empowers the magistrate to hear evidence and satisfy himself whether the offence of which the person is accused or has been convicted is an extradition offence and also whether the warrant for the apprehension of the fugitive criminal has been duly authenticated power has also been conferred on him to release the fugitive criminal on bail if he is not satisfied on either of the two aforesaid points ciciure 18-'nui clause makes it clear that the power of returning the fugitive criminal to the commonwealth country concerned will lie with the central governmenl cltzuie j9--s~lauae (1) of this clause prescribes the channel tor requisition for the surrender of a person accused or convicted of an extradition offence committed in india and who is or is suspected to be in any foreign state or a commonwealth country to which chapter iti does not apply clause n-this clause is based on section 19 of the united kingdom extradition act, 1870 it provides to foreign countries the same aafeguards in our law 88 we insist upon from them under clause 31 (c) before allowing surrender of fugitive criminals clause 22-this clause states the liability of a fugitive criminal in express terms even with regard to offences committed before the oommencemeat of the act the clause corresponds to a certain extent section 18 of the indian extradition act, 1903 cltzuie 23-this clause follows section 20 of the indian extradition act, 1903 but the scope of the clause has been widened so as also to cover offadces committed in the air clause 24-this clause is on the same lines as sub-section (10) of section 3 of the indian extradition act, 1903 ci4uie 25-this c:lause follow's sub-section (4) of section 10 of the indian extradition act, 1903 it has been made clear in this elause that the magistrate before whom the fugitive criminal is brought lihall have the same powers and jurisdiction in relation to granting of bail 88 a court of session under the code of criminal proeedure clause 26-thls elause follows section 13 of the indian extradftl~ act, 19q3 czaule 27:-'nlis clause follows section 3 (9) and section 14 of the indian extradition act, lp03 clcz'u8e 29-'l'his clause follows section 10 of the fugitive offenders act, 1881 with this difference that power under that section is exercisable by a court whereas the power under this clause is exercisable by the central government clcz'u8e 30-this clause makes a provision to meet a contingency when the surrender of a fugitive criminall;1as been requested by more than one state simultaneously the clause is based mainly on the fact that there are quite a number of offences which consist of - series of penal transactions each one of which may be completed or originated in one or more states separately under this clause the central government would decide to which state or country a fugitive criminal may be surrendered after taking into consideration all the circumstances of the case, namely, the respective dates on which the requisitions were received, the relative gravity of the offences alleged and the like clcz'u8e 3l-this clause contains the usual restrictions on surrender the period of fifteen days specified in sub-clause (e) of this clause would enable the fugitive criminal to move the appropriate court for his release by filing a writ petition of habeas corpu8 cza'u8e 32-it has been made clear in this clause that the central government cannot modify the application of the provisions of clauses 29 and 31 which shall apply in all cases of extradition under this bill clauses 33, 34 and 35-these clauses are self-explanatory proceedings for extradition of fugitive criminals to foreign states and commonwealth countries under the bill would involve arrest of the· fugitive criminal, an enquiry by a magistrate and in some cases the remo'yal 'of the fugitive criminal and his delivery to the foreign state or commonwealth country such proceedings will also involve the detention of the· fugitive criminal in·po1ice/jail custody, and the state shill have to involve expenditure during such detention/custbdy in so far as the union territories are concerned, such expenditure will be met from the consolidated fund of india it is not possible to estimate the amount of expenditure from the consolidated fund of india as that amount will depend on the number of requests for extradition that may be received in any given period clause 36 of the bill empowers the central government to make rules by notification in the official gazette to carry out the purposes of the act the matters in respect of which such rules may be made are specified therein 2 most of those matters are of a routine character they -i7ite'j' alia relate to the form in which a requisition for the surrender of a fugitive criminal may be made, the form in which a warrant for the apprehension of any person in a commonwealth country to which chapter iii applies may be made, the manner in which any warraat may be endorsed or authenticated, the seizure and disposition of any property which is the subject of any extradition offence, and the form and manner in which or the channel through which a magistrate may be required to make his report to the central government 3 under clause 3 (1), power is conferred on the central government to apply by notified order the provisions of the act (other than chapter iii), to such foreign state or to such commonwealth country to which the provisions of chapter iii do not apply, as may be specified in that order under clause 3 (2), however, power is reserved to the central government to restrict such application to fugitive criminals found in such part of india as may be specified in the order as regards a treaty state, the central government has been empowered to make the application of the act subject to such modifications and exceptions as may be deemed expedient for implementing the treaty with that state the question to which countries or states the act should be made applicable is a little difficult and complicated one reciprocity and other considerations such as terms of a treaty may have to be weighed it is not possible to specify all such considerations in the act the central government has therefore been vested with the necessary power in this regard 4 under clause 12, power has been reserved to the central government to apply by notified order the provisions of chapter iii to such commonwealth countries as may enter into extradition arrangement with the government of india power is also reserved to the central government to make the application of chapter iii and of chapters i, iv and v subject to such modifications, exceptions, conditions and qualifications as may be specified in the order tor the purpose of implementing the arrangement it is not possible to visualise at this stage what sort of extradition arrangement will be entered into by different commonwealth cowltries and consequently it is difficult to specify in the act the modifications, exceptions, conditions and qualifications subject to which the act may be made applicable 5 having regard to the circumstances under which powers under clauses 3 and 12 will be exercised by the central governmeat, the powers delegated to it are of a normal character a bill to consolidate and amend the law relating to the extradition of fugitive criminals the president has, in ~ursuance of clause (3) of article ii7 _ of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (shr; ja'fjjaharlal nehru, minister of external affairs) 