12. Application of Chapter.― (1) This Chapter shall apply only to any such 5
[foreign state] to
which, by reason of an extradition arrangement entered into with that 6
[State], it may seem expedient
to the Central Government to apply the same.
(2) Every such application shall be by notified order, and the Central Government may, by the
same or any subsequent notified order, direct that this Chapter and Chapters I, IV and V shall, in
relation to any such 5
[foreign State], apply subject to such modifications, exceptions, conditions and
qualifications as it may think fit to specify in the order for the purpose of implementing the
arrangement.
13. Liability of fugitive criminals from foreign States to be apprehended and
returned.―Where a fugitive criminal of any 5
[foreign State] to which this Chapter applies is found in
India, he shall be liable to be apprehended and returned in the manner provided by this Chapter to that
5
[foreign State].
14. Endorsed and provisional warrants.―A fugitive criminal may be apprehended in India
under an endorsed warrant or a provisional warrant.
15. Endorsed warrant for apprehension of fugitive criminal.―Where a warrant for the
apprehension of a fugitive criminal has been issued in any 5
[foreign State] to which this Chapter
applies and such fugitive criminal is, or is suspected to be, in India, the Central Government may, if
satisfied that the warrant was issued by a person having lawful authority to issue the same, endorse
such warrant in the manner prescribed, and the warrant so endorsed shall be sufficient authority to
apprehend the person named in the warrant and to bring him before and magistrate in India.
1. The words “or country” omitted by Act 66 of 1993, s. 3 (w.e.f. 18-12-1993).
2. The word “respectively” omitted by s. 7, ibid. (w.e.f. 18-12-1993).
3. The words “of a commonwealth country” omitted by s. 8, ibid. (w.e.f. 18-12-1993).
4. Subs. by s. 9, ibid., for “COMMONWEALTH COUNTRIES” (w.e.f. 18-12-1993).
5. Subs. by s. 3, ibid., for “commonwealth country” (w.e.f. 18-12-1993).
6. Subs. by s. 10, ibid., for “country” (w.e.f. 18-12-1993).
7
16. Provisional warrant for apprehension of fugitive criminal.―(1) Any magistrate may issue
a provisional warrant for the apprehension of a fugitive criminal from any 1
[foreign State] to which
this Chapter applies who is, or is suspected to be, in or on his way to India, on such information and
under such circumstances as would, in his opinion, justify the issue of a warrant, if the offence of
which the fugitive criminal is accused or has been 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
Central Government may, if it thinks fit, discharge the person apprehended under such warrant.
(3) A fugitive criminal apprehended on a provisional warrant may, from time to time, be
remanded for such reasonable time, not exceeding seven days at any one time, as under the
circumstances seems requisite for the production of an endorsed warrant.
17. Dealing with fugitive criminal when apprehended.―(1) If the magistrate, before whom a
person apprehended under this Chapter is brought, is satisfied on inquiry that the endorsed warrant for
the apprehension of the fugitive criminal is duly authenticated and that the offence of which the
person is accused or has 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 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 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. Return of fugitive criminal by warrant.―The Central Government may, at any time after a
fugitive criminal has been committed to prison under this Chapter, issue a warrant for the custody and
removal to the 1
[foreign State] concerned of the fugitive criminal and for his delivery at a place and to
a person to be named in the warrant.