19. 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 3
* * *.―(1) A 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 4
* * * to which Chapter III does not apply, may be made by the
Central Government―
(a) to a diplomatic representative of that State 5
* * * at Delhi; or
(b) to the Government of that State 5
* * * through the diplomatic representative of India 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 India with that State 5
* * *.
1. Subs. by Act 66 of 1993, s. 3, for “commonwealth country” (w.e.f. 18-12-1993).
2. The words “OR COMMONWEALTH COUNTRIES” omitted by s. 11, ibid. (w.e.f. 18-12-1993).
3. The words “or commonwealth country” omitted by s. 3, ibid. (w.e.f. 18-12-1993).
4. The words “or a 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).
8
(2) A warrant issued by a magistrate in India for the apprehension of any person who is, or is
suspected to be, in any 1
[foreign State] to which Chapter III applies shall be in such form as may be
prescribed.
20. Conveyance of accused or convicted person surrendered or returned.―Any person
accused or convicted of an extradition offence who is surrendered or returned by a foreign State 2
***
may, under the warrant of arrest for his surrender or return issued in such State or country, be brought
into India and delivered to the proper authority to be dealt with according to law.
3
[21. Accused or convicted person surrendered or returned by foreign State not to be tried
for certain offences.―Whenever any person accused or convicted of an offence, which, if committed
in India would be an extradition offence, is surrendered or returned by a foreign State, such person
shall not, until he has been restored or has had an opportunity of returning to that State, be tried in
India for an offence other than―
(a) the extradition offence in relation to which he was surrendered or returned; or
(b) any lesser offence disclosed by the facts proved for the purposes of securing his surrender
or return other than an offence in relation to which an order for his surrender or return could not
be lawfully made; or
(c) the offence in respect of which the foreign State has given its consent.]