1968
THE NEW ZEALAND GAZETTE.
[No. 68

Chapter VII.—Supplemental.

22. Power to make rules.

23. Detention of persons arrested under section 54, clause
    seventhly, Act V., 1898.

24. Repeals.

The First Schedule.—Extradition Offences.

The Second Schedule.—Enactments repealed.

ACT NO. XV. OF 1903.

Passed by the Governor-General of India in Council. (Received the assent of the Governor-General on the 4th November, 1903.)

AN ACT to consolidate and amend the Law relating to the
Extradition and Rendition of Criminals.

WHEREAS it is expedient to provide for the more convenient
administration in British India of the Extradition Acts, 1870
and 1873, and of the Fugitive Offenders Act, 1881; And
whereas it is also expedient to amend the law relating to the
extradition of criminals in cases to which the Extradition
Acts, 1870 and 1873, do not apply :
It is hereby enacted as follows :—

Chapter I.—Preliminary.

Short Title, extent, and commencement.

(33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60; 44 and 45 Vict. c. 69.)

1. (1.) This Act may be called the Indian Extradition
   Act, 1903 ;

(2.) It extends to the whole of British India (including
British Baluchistan, the Santhal Parganas, and the Pargana
of Spiti) ; and

(3.) It shall come into force on such day as the Governor-
General in Council, by notification in the Gazette of India,
may direct.

Definitions.

2. In this Act, unless there is anything repugnant in the
   subject or context,—

(a.) “European British subject” means a European
British subject as defined by the Code of Criminal
Procedure for the time being in force :

(b.) “Extradition offence” means any such offence as is
described in the First Schedule :

(c.) “Foreign State” means a State to which, for the
time being, the Extradition Acts, 1870 and 1873,
apply :

(33 and 34 Vict. c. 52; 36 and 37 Vict. c. 60.)

(d.) “High Court” means the High Court as defined
by the Code of Criminal Procedure for the time
being in force :

(e.) “Offence” includes any act, wheresoever committed,
which would, if committed in British India, con-
stitute an offence : and

(f.) “Rules” include prescribed forms.

Chapter II.—Surrender of Fugitive Criminals in case of Foreign States.

Requisition for surrender.

3. (1.) Where a requisition is made to the Government of
   India or to any local Government by the Government of any
   Foreign State for the surrender of a fugitive criminal of that
   State, who is in or who is suspected of being in British India,
   the Government of India or the local Government, as the
   case may be, may, if it thinks fit, issue an order to any
   Magistrate who would have had jurisdiction to inquire into
   the crime if it had been an offence committed within the
   local limits of his jurisdiction, directing him to inquire into
   the case.

Summons or warrant for arrest.

(2.) The Magistrate so directed shall issue a summons or
warrant for the arrest of the fugitive criminal according as
the case appears to be one in which a summons or warrant
would ordinarily issue.

Inquiry by Magistrate.

(3.) When such criminal appears or is brought before the
Magistrate, the Magistrate shall inquire into the case in the
same manner and have the same jurisdiction and powers, as
nearly as may be, as if the case were one triable by the Court
of Session or High Court, and shall take such evidence as
may be produced in support of the requisition and on behalf
of the fugitive criminal, including any evidence to show that
the crime of which such criminal is accused or alleged to
have been convicted is an offence of a political character or
is not an extradition crime.

Committal.

(4.) If the Magistrate is of opinion that a prima facie case
is made out in support of the requisition, he may commit
the fugitive criminal to prison to await the orders of the
Government of India or the local Government, as the case
may be.

Bail.

(5.) If the Magistrate is of opinion that a prima facie case
is not made out in support of the requisition, or if the case
is one which is bailable under the provisions of the Code of
Criminal Procedure for the time being in force, the Magis-
trate may release the fugitive criminal on bail.

Magistrate’s report.

(6.) The Magistrate shall report the result of his inquiry
to the Government of India, or the local Government, as the
case may be, and shall forward, together with such report,
any written statement which the fugitive criminal may
desire to submit for the consideration of the Government.

Reference to High Court if Government thinks necessary.

(7.) If the Government of India or the local Government,
as the case may be, is of opinion that such report or written
statement raises an important question of law, it may make
an order referring such question of law to such High Court
as may be named in the order, and the fugitive criminal
shall not be surrendered until such question has been
decided.

Warrant for surrender.

(8.) If, upon receipt of such report and statement or upon
the decision of any such question, the Government of India
or the local Government, as the case may be, is of opinion
that the fugitive criminal ought to be surrendered, it may
issue a warrant for the custody and removal of such criminal,
and for his delivery at a place and to a person to be named
in the warrant.

Lawfulness of custody and retaking under warrant for surrender.

(9.) It shall be lawful for any person to whom a warrant
is directed in pursuance of subsection (8), to receive, hold in
custody and convey the person mentioned in the warrant, to
the place named in the warrant, and, if such person escapes
out of any custody to which he may be delivered in pursu-
ance of such warrant, he may be retaken as a person accused
of an offence against the law of British India may be retaken
upon an escape.

Discharge of fugitive criminals committed to prison after two
months.

(10.) If such a warrant as is prescribed by subsection (8)
is not issued and executed in the case of any fugitive
criminal, who has been committed to prison under subsec-
tion (4), within two months after such committal, the High
Court may, upon application made to it on behalf of such
fugitive criminal, and upon proof that reasonable notice of
the intention to make such application has been given to the
Government of India or the local Government, as the case
may be, order such criminal to be discharged, unless suf-
ficient cause is shown to the contrary.

Power to Magistrate to issue warrant of arrest in certain cases.

4. (1.) Where it appears to any Magistrate of the first
   class or any Magistrate specially empowered by the local
   Government in this behalf that a person within the local
   limits of his jurisdiction is a fugitive criminal of a foreign
   State, he may, if he thinks fit, issue a warrant for the arrest
   of such person, on such information or complaint and on
   such evidence as would, in his opinion, justify the issue of a
   warrant if the crime of which he is accused or has been con-
   victed had been committed within the local limits of his
   jurisdiction.

Issue of warrant to be reported forthwith.

(2.) The Magistrate shall forthwith report the issue of a
warrant under this section to the local Government.

Person arrested not to be detained unless order received.

(3.) A person arrested on a warrant issued under this sec-
tion shall not be detained more than two months unless
within that period the Magistrate receives an order made
with reference to such person under section 3, subsection (1).

Bail.

(4.) In the case of a person arrested or detained under
this section the provisions of the Code of Criminal Procedure
for the time being in force relating to bail shall apply in the
same manner as if such person were accused of committing
in British India the crime of which he is accused or has
been convicted.

Power of Government to refuse to issue order under section 3 when
crime of political character.

5. (1.) If the Government of India or any local Government
   is of opinion that the crime of which any fugitive criminal of
   a foreign State is accused or alleged to have been convicted
   is of a political character, it may, if it think fit, refuse to
   issue any order under section 3, subsection (1).

Power of Government to discharge any person in custody at any
time.

(2.) The Government of India or the local Government
may also at any time stay any proceedings taken under this
chapter, and direct any warrant issued under this chapter to
be cancelled and the person for whose arrest such warrant
has been issued to be discharged.