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The Extradition Act, 1962

Chapter I — PRELIMINARY

Section 2Definitions

Read in the full Act
Section 2: Definitions

2. Definitions

In this Act, unless the context otherwise requires,—

[(a) "composite offence" means an act or conduct of a person occurred, wholly or in part, in a foreign State or in india but its effects or Intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case may be;]

(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 so convicted for contumacy;

(c)

"extradition offence" means—

(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 an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;

(d)

"extradition treaty" means a treaty ,agreement or arrangement) made by India with a foreign State relating to the extradition of fugitive criminals, and includes any treaty [,agreement or arrangement] relating 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 * * * and includes every constituent part, colony or dependency of such State;

[(f) "fugitive criminal" means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;]

(g)

"magistrate" means a magistrate of the first class or a presidency magistrate;

(h)

"notified order" means an order notified in the Official Gazette;

(i)

"prescribed" means prescribed by rules made under this Act; and

(j)

"treaty State" means a foreign State with which an extradition treaty is in operation.

Amendment notes (5)
  1. Subs w.e.f. 18-12-1993 . Subs. by Act 66 of 1993, s. 4, for clause (a) (w.e.f. 18-12-1993).
  2. Subs w.e.f. 18-12-1993 . Subs. by s. 4, ibid., for clause (c) (w.e.f.18-12-1993).
  3. Subs w.e.f. 18-12-1993 . Subs. by s. 4, ibid., for "or agreement" (w.e.f.18-12-1993).
  4. omitted w.e.f. 18-12-1993 . The words "other than a commonwealth country," omitted by s. 4, ibid. (w.e.f. 18-12-1993).
  5. Subs w.e.f. 18-12-1993 . Subs. by s. 4, ibid., for clause (f) (w.e.f. 18-12-1993).