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Section 5: Dealing with fugitive criminal under section 17

The Extradition Rules, 2017Central Rules · 1962

(1) If on inquiry under section 17 of the Act, the magistrate is of the opinion that the endorsed warrant is not duly authenticated, then he shall report the result of his inquiry to the Central Government and upon such report, the Central Government shall provide the duly endorsed warrant to the magistrate at the earliest and within a period not exceeding fifteen days.

(2) If on inquiry under section 17 of the Act, the magistrate is of the opinion that the offence of which such person is accused or has been convicted is not an extradition offence, the magistrate shall report the result of his inquiry to the Central Government and await the orders of the Central Government for the release of the fugitive criminal and upon such report, the Central Government shall pass its orders, as appropriate, at the earliest and within a period not exceeding fifteen working days from the date of the said receipt of the report.

FORM Endorsement of a Foreign Warrant of Arrest by Central Government under section 15 of the Extradition Act, 1962 (34 of 1962) I ,..............................., dealing with extradition matters in the Ministry of External Affairs, pursuant to the provisions of section 15 of the Extradition Act, 1962, and having being satisfied, on the basis of the certification given by the Embassy/High Commission/Government of .............., that the warrant against the fugitive criminal Mr./Ms. ..... was issued by a person having lawful authority to issue such warrant, hereby endorse the said Warrant forwarded by the Embassy/High Commission/Government of ................... in connection with the extradition of Mr. / Ms. ...... to ............. (Name of country).

I hereby also request .................. (designation/place of the person) to facilitate execution of endorsed warrant by directing the concerned law enforcement authorities to get the same executed so that the fugitive criminal may be produced before ……………….. (designation/place of the Magistrate) for inquiry into the extradition case under section 17 (1) of the Act.

(Signature of the officer endorsing the warrant) Name:....................

Designation:....................

Date:....................

Authentication I, ...., in-charge of extradition matters in the Ministry of External Affairs, hereby authenticate the name, designation and signatures of Mr./ Ms. ......., who has endorsed this warrant.

(Signature of the authenticating officer) Name:....................

Designation:....................

Date:....................

[F. No.T-413/98/2016] UPENDER SINGH RAWAT, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

2017-07-07T16:42:32+0530 SARVESH KUMAR SRIVASTAVA

Where this provision sits

ActThe Extradition Rules, 2017
Section5
Marginal noteDealing with fugitive criminal under section 17
JurisdictionCentral
StatusIn force as published by the source

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