Aug. 18.] THE NEW ZEALAND GAZETTE. 1969

References to “Police Magistrate” and “Secretary of State” in section 3 of Extradition Act, 1870.
(33 and 34 Vict. c. 52.)

6. The expressions “the Police Magistrate” and “the Secretary of State” in section 3 of the Extradition Act, 1870, shall be read as referring respectively to the Magistrate directed to inquire into a case under section 3 of this Act, and to the Government of India or the local Government, as the case may be.

Chapter III.—Surrender of Fugitive Criminals in case of States other than Foreign States.

Issue of warrant by Political Agents in certain cases.

7. (1.) Where an extradition offence has been committed or is supposed to have been committed by a person not being a European British subject, in the territories of any State not being a foreign State, and such person escapes into or is in British India, and the Political Agent in or for such State issues a warrant, addressed to the District Magistrate of any district in which such person is believed to be, for his arrest and delivery at a place and to a person or authority indicated in the warrant, such Magistrate shall act in pursuance of such warrant and may give directions accordingly.

Execution of such warrant.

(2.) A warrant issued as mentioned in subsection (1) shall be executed in the manner provided by the law for the time being in force with reference to the execution of warrants, and the accused person, when arrested, shall, unless released in accordance with the provisions of this Act, be forwarded to the place and delivered to the person or authority indicated in the warrant.

Proclamation and attachment in case of persons absconding.

(3.) The provisions of the Code of Criminal Procedure for the time being in force in relation to proclamation and attachment in the case of persons absconding shall, with any necessary modifications, apply where any warrant has been received by a District Magistrate under this section as if the warrant had been issued by himself.

Release on giving security.

8. (1.) Where a Political Agent has directed by endorsement on any such warrant that the person for whose arrest it is issued may be released on executing a bond with sufficient sureties for his attendance before a person or authority indicated in this behalf in the warrant at a specified time and place, the Magistrate to whom the warrant is addressed shall on such security being given release such person from custody.

Magistrate to retain bond.

(2.) Where security is taken under this section, the Magistrate shall certify the fact to the Political Agent who issued the warrant, and shall retain the bond.

Rearrest in case of default.

(3.) If the person bound by any such bond does not appear at the time and place specified, the Magistrate may, on being satisfied as to his default, issue a warrant directing that he be rearrested and handed over to any person authorised by the Political Agent to take him into custody.

Deposit in lieu of bond, and forfeiture of bonds.

(4.) In the case of any bond executed under this section, the Magistrate may exercise the powers conferred by the Code of Criminal Procedure for the time being in force in relation to taking a deposit in lieu of the execution of a bond and with respect to the forfeiture of bonds and the discharge of sureties.

Requisitions by States not being Foreign States.

9. Where a requisition is made to the Government of India or to any local Government by or on behalf of any State not being a Foreign State, for the surrender of any person accused of having committed an offence in the territories of such State, such requisition shall (except in so far as relates to the taking of evidence to show that the offence is of a political character or is not an extradition crime) be dealt with in accordance with the procedure prescribed by section 3 for requisitions made by the Government of any foreign State as if it were a requisition made by any such Government under that section:

Provided that, if there is a Political Agent in or for any such State, the requisition shall be made through such Political Agent.

Power to Magistrates to issue warrants of arrest in certain cases.

10. (1.) If it appears to any Magistrate of the first class or any Magistrate empowered by the local Government in this behalf that a person within the local limits of his jurisdiction is accused or suspected of having committed an offence in any State not being a foreign State and that such person may lawfully be surrendered to such State, or that a warrant may be issued for his arrest under section 7, the Magistrate 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 offence 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, if the offence appears or is alleged to have been committed in the territories of a State for which there is a Political Agent, to such Political Agent and in other cases to the local Government.

Limit of time of detention of person arrested.

(3.) A person arrested on a warrant issued under this section shall not, without the special sanction of the local Government, be detained more than two months, unless within such period the Magistrate receives an order made with reference to such person in accordance with the procedure prescribed by section 9, or a warrant for the arrest of such person under section 7.

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 offence with which he is charged.

Surrender of persons accused of, or undergoing sentence for, offence in British India.

11. (1.) A person accused of an offence committed in British India, not being the offence for which his surrender is asked, or undergoing sentence under any conviction in British India, shall not be surrendered in compliance with a warrant issued by a Political Agent under section 7, or a requisition made by or on behalf of any State not being a foreign State under section 9, except on the condition that such person be resurrendered to the Government of India or the local Government, as the case may be, on the termination of his trial for the offence for which his surrender has been asked:

Provided that no such condition shall be deemed to prevent or postpone the execution of a sentence of death lawfully passed.

Suspension of sentence on surrender.

(2.) On the surrender of a person undergoing sentence under a conviction in British India, his sentence shall be deemed to be suspended until the date of his resurrender, when it shall revive and have effect for the portion thereof which was unexpired at the time of his surrender.

Application of chapter to convicted persons.

12. The provisions of this chapter with reference to accused persons shall, with any necessary modifications, apply to the case of a person who, having been convicted of an offence in the territories of any State not being a foreign State, has escaped into or is in British India before his sentence has expired.

Abetment and attempt.

13. Every person who is accused or convicted of abetting or attempting to commit any offence shall be deemed, for the purposes of this chapter, to be accused or convicted of having committed such offence, and shall be liable to be arrested and surrendered accordingly.

Lawfulness of custody and retaking under warrant issued under chapter.

14. It shall be lawful for any person to whom a warrant is directed in pursuance of the provisions of this chapter 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 pursuance 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.

Power of Government to stay proceedings and discharge persons in custody.

15. The Government of India or the local Government may, by order, stay any proceedings taken under this chapter, and may direct any warrant issued under this chapter to be cancelled, and the person for whose arrest such warrant has been issued to be discharged.

Application of chapter to offences committed before its commencement.

16. The provisions of this chapter shall apply to an offence or to an extradition offence, as the case may be, committed