CourtMesh

Section 2: Definitions.

The Extradition Act, 1962Central Act · Act 34 of 1962

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.

Where this provision sits

ActThe Extradition Act, 1962
Section2
Marginal noteDefinitions.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Extradition Act, 1962 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.