4. Requisition for surrender.―A requisition for the surrender of a fugitive criminal of a
foreign State 4
* * * may be made to the Central Government―
(a) by a diplomatic representative of the foreign State 4
* * * at Delhi; or
(b) by the Government of that foreign State 4
* * * communicating with the Central
Government through its diplomatic representative in that State 5
***;
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 the foreign State 4
* * * with the Government of
India.
5. Order for magisterial Inquiry.―Where such requisition is made, the Central Government
may, if it thinks fit, 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 directing him
to inquire into the case.
1. Subs. by Act 66 of 1993, s. 5, for sub-section (1) (w.e.f. 18-12-1993).
2. Ins. by s. 5, ibid. (w.e.f. 18-12-1993).
3. The words “AND TO COMMONWEALTH COUNTRIES” omitted by s. 6, ibid. (w.e.f. 18-12-1993).
4. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f.18-12-1993).
5. The words “or country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
5
6. Issue of warrant for arrest.― On receipt of an order of the Central Government under
section 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal.
7. Procedure before magistrate.―(1) When the fugitive criminal appears or is brought before
the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same
jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or
High Court.
(2) Without prejudice to the generality of the foregoing provisions, the magistrate shall, in
particular, take such evidence as may be produced in support of the requisition of the foreign State
1
* * * and on behalf of the fugitive criminal, including any evidence to show that the offence of which
the fugitive criminal accused or has been convicted is an offence of political character or is not an
extradition offence.
(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 1
* * *, he shall discharge the fugitive criminal.
(4) If the Magistrate is of opinion that a prima facie case is made out in support of the requisition
of the foreign State 1
* * * he may commit the fugitive criminal to prison to await the orders of the
Central Government and shall report the result of his inquiry to the Central Government, and shall
forward together with such report, and written statement which the fugitive criminal may desire to
submit for the consideration of the Central Government.
8. Surrender of fugitive criminal.―If upon receipt of the report and statement under subsection (4) of section 7, the Central Government is of opinion that the fugitive criminal ought to be
surrendered to the foreign State 1
* * *, it may issue a warrant for the custody and removal of the
fugitive criminal and for his delivery at a place and to a person to be named in the warrant.
9. Power of magistrate to issue warrant of arrest in certain cases.―(1) Where it appears to
any magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a
foreign State 1
* * *, he may, if he thinks fit, issue a warrant for the arrest of that person on such
information and on such evidence as would, in his opinion, justify the issue of a warrant 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 forward the information, and the evidence or certified copies thereof to
that Government.
(3) A person arrested on a warrant issued under sub-section (1) shall not be detained for more than
three months unless within that period the magistrate receives from the Central Government an order
made with reference to such person under section 5.
10. Receipt in evidence of exhibits depositions and other documents and authentication
thereof.―(1) In any proceedings against a fugitive criminal of a foreign State 1
* * * under this
chapter, exhibits and depositions (whether received or taken in the presence of the person against
whom they are used or not) and copies thereof and official certificates of facts and judicial documents
stating facts may, if duly authenticated, be received as evidence.
1. The words “or commonwealth country” omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).
6
(2) Warrants, depositions or statements on oath, which purport to have been issued or taken by
any court of Justice outside India or copies thereof, certificates of, or judicial documents stating the
facts of conviction before any such court shall be deemed to be duly authenticated if―
(a) the warrant purports to be signed by a judge, magistrate or officer of the State 1
* * * where
the same was issued or acting in or of such State 1
* * *;
(b) the depositions of statements or copies thereof purport to be certified, under the hand of a
judge, magistrate or officer of the State 1
* * * where the same were taken, or acting in or for such
State 1
* * *, to be original depositions or statements or to be true copies thereof, as the case may
require ;
(c) the certificate of, or judicial document stating the fact of, a conviction purports to be
certified by a judge, magistrate or officer of the State 1
* * * where the conviction took place or
acting in or for such State ;
(d) the warrants, depositions, statements, copies, certificates 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 1
* * * where the same were 2
* * * issued, taken or given.
11. Chapter not to apply to Commonwealth countries to which Chapter III applies.―
Nothing contained in this Chapter shall apply to fugitive criminals 3
* * * to which Chapter III applies