PART II. THE INDIAN EXTRADITION ACT, XV OF 1903. AS AMENDED UP TO THE 1ST of January, 1914. SURRENDER OF FUGITIVE CRIMINALS IN CASE OF FOREIGN STATES. 3. (1) Requisition for surrender. (2) Summons or warrant for arrest. (3) Inquiry by Magistrate. (4) Committal. (5) Bail. (6) Magistrate's report. (7) Reference to High Court if Government thinks necessary. (8) Warrant for surrender. (9) Lawfulness of custody and re-taking under warrant for surrender. (10) Discharge of fugitive criminals committed to prison after two months. 4. (1) Power to Magistrate to issue warrant of arrest in certain cases. (2) Issue of warrant to be reported forthwith. (3) Person arrested not to be detained unless order received. (4) Bail. 5. (1) Power of Government to refuse to issue order under section 3 when crime of political character, SECTIONS. (2) Power of Government to discharge any person in custody at any time. 6. References to "Police Magistrate" and "Secretary of State11 in section 3 of Extradition Act, 1870. CHAPTER III. SURRENDER OF FUGITIVE CRIMINALS IN CASE OF STATES OTHER THAN FOREIGN STATES. 7. (1) Issue of warrant by Political Agents in certain cases. (2) Execution of such warrant. (3) Proclamation and attachment in case of persons abscond ing. 8. (1) Release on giving security. 8A. (2) Magistrate to retain bond. (3) Re-arrest in case of default. (4) Deposit in lieu of bond, and forfeiture of bonds. Power to refer case for orders of Local Government. 9. Requisitions by States not being Foreign States. 10. (1) Power to Magistrates to issue warrants of arrest in certain cases. (2) Issue of warrant to be reported forthwith. (3) Limit of time of detention of person arrested. (4) Bail. 11. (1) Surrender of person accused of, or undergoing sentence for, offence in British India. (2) Suspension of sentence on surrender. 12. Application of Chapter to convicted persons. 13. Abetment and attempt. 14, Lawfulness of custody and re-taking under warrant issued under Chapter. 15. Power of Government to stay proceedings and discharge persons in custody. 16. Application of Chapter to offences committed before its com mencement. 17. (1) Receipt in evidence of exhibits, depositions and other documents. (2) Authentication of the same. CHAPTER IV. RENDITION OF FUGITIVE OFFENDERS IN HIS MAJESTY'S DOMINIONS. SECTIONS. 19. Application of Fugitive Offenders Act, 1881. CHAPTER V. OFFENCES COMMITTED AT SEA. 20. Requisition for surrender in case of offence committed at sea, CHAPTER VI. EXECUTION OF COMMISSIONS ISSUED BY CRIMINAL COURTS OUTSIDE BRITISH INDIA. 21. Execution of commissions issued by Criminal Courts outside British India. CHAPTER VII. SUPPLEMENTAL. 22. Power to make rules. 23. Detention of persons arrested under section 54, clause seventhly, Act V, 1898. 24. Repeals. THE FIRST SCHEDULE.-EXTRADITION OFFENCES, THE SECOND SCHEDULE.-ENACTMENTS REPEALED. THE INDIAN EXTRADITION ACT. ACT XV OF 1903. [4th November, 1903.] An Act to consolidate and amend the law relating to the WHEREAS it is expedient to provide for the more convenient administration in British India of the Extradition Acts, 1870 and 1873, and of the Fugitive Offenders Act, 1881; and whereas it is also expedient to amend the law relating to the extradition of criminals in cases to which the Extradition Acts, 1870 and 1873, do not apply; It is hereby enacted as follows: The Act of 1870 has also been amended by the Extradition Act, 1895 and Extradition Act of 1906 (6 Edw.7 C.15) which latter includes bribery in the list of crimes in the first schedule to the Act. These Acts with the Act of 1873 may be cited as the Extradition Acts 1870 to 1906. Section 5 of the Act of 1873 has been amended by the Perjury Act, 1911 and for the substituted provision, see section 1 of that Act. As to the first paragraph of the preamble, see section 18 of the Extradition Act, 1870, and section 32 of the Fugitive Offenders Act, 1881. For Statement of Objects and Reasons, see Gazette of India, 1901, Pt. V, p. 24; for report of the Select Committee, see ibid, 1903 Pt. V, p. 469; for proceedings in Council, see ibid, Pt. VI, pp. 151, 163 and 177. 33 & 34 Vict., c. 52; Vict., c. 60; 36 & 37 44 & 45 Vict., c. 69. Short title, extent and CHAPTER I. PRELIMINARY. 1. (1) This Act may be called the Indian Extradition commence- Act, 1903. ment. Definitions. 33 & 34 Vict., c. 52; 36 & 37 Vict., c. 60. (2) It extends to the whole of British India (including British Baluchistan, the Santhal Parganas and the Pargana of Spiti); and (3) It shall come into force on such day as the GovernorGeneral in Council, by notification in the Gazette of India, may direct. The Act has been declared to come into force from 1st June 1904, see Gazette of India, 1904, Pt. I, p. 364. 2. In this Act, unless there is anything repugnant in the subject or context, (a) "European British subject" means a European British subject as defined by the Code of Criminal Procedure for the time being in force : (b) "extradition offence means any such offence as is described in the first schedule: (c) "Foreign State" means a State to which, for the time being, the Extradition Acts, 1870 and 1873, apply : (d) "High Court" means the High Court as defined by the Code of Criminal Procedure for the time being in force: (e) "offence" includes any act wheresoever committed which would, if committed in British India, constitute an offence: and (f) "rules" include prescribed forms. |