1970.                                                             THE NEW ZEALAND GAZETTE.                                                                 [No. 68

before the passing of this Act, and to an offence in respect of
which a Court of British India has concurrent jurisdiction.

Receipt in evidence of exhibits, depositions and other documents.

17. (1.) In any proceedings under this chapter, exhibits
    and depositions (whether received or taken in the presence
    of the person against whom they are used or not) and copies
    thereof, and official certificates of facts and judicial docu-
    ments stating facts, may, if duly authenticated, be received
    as evidence.

Authentication of the same.

(2.) Warrants, depositions or statements on oath which
purport to have been issued, received or taken by any Court
of justice outside British India, or copies thereof, and certifi-
cates of, or judicial documents stating the fact of, conviction
before any such Court, shall be deemed duly authenti-
cated,—

(a.) If the warrant purports to be signed by a Judge,
Magistrate or officer of the State where the same
was issued or acting in or for such State :

(b.) If the depositions or statements or copies thereof
purport to be certified, under the hand of a Judge,
Magistrate or officer of the State where the same
were taken, or acting in or for such State, to be
the original depositions or statements or to be
true copies thereof, as the case may require :

(c.) If the certificate of, or judicial document stating the
fact of, a conviction purports to be certified by a
Judge, Magistrate or officer of the State where
the conviction took place or acting in or for such
State :

(d.) If the warrants, depositions, statements, copies,
certificates and judicial documents, as the case
may be, are authenticated by the oath of some
witness or by the official seal of a Minister of the
State where the same were respectively issued,
taken or given.

Definition of “warrant.”

(3.) For the purposes of this section, “warrant” includes
any judicial document authorising the arrest of any person
accused or convicted of an offence.

Chapter not to derogate from treaties.

18. Nothing in this chapter shall derogate from the pro-
    visions of any treaty for the extradition of offenders, and the
    procedure provided by any such treaty shall be followed in
    any case to which it applies, and the provisions of this Act
    shall be modified accordingly.

Chapter IV.—Rendition of Fugitive Offenders in His
Majesty’s Dominions.

Application of Fugitive Offenders Act, 1881.

(44 and 45 Vict. c. 69.)

19. For the purpose of applying and carrying into effect in
    British India the provisions of the Fugitive Offenders Act,
    1881, the following provisions are hereby made :—

(a.) The powers conferred on “Governors” of British
possessions may be exercised by any local Govern-
ment :

(b.) The powers conferred on a “Superior Court” may
be exercised by any Judge of a High Court :

(c.) The powers conferred on a “Magistrate” may be
exercised by any Magistrate of the first class, or by
any Magistrate empowered by the local Government
in that behalf: and

(d.) The offences committed in British India to which
the Act applies are piracy, treason and any
offence punishable under the Indian Penal Code
with rigorous imprisonment for a term of twelve
months or more or with any greater punishment.
(XL.V. of 1860.)

Chapter V.—Offences committed at Sea.

Requisition for surrender in case of offence committed at sea.

20. Where the Government of any State outside India
    makes a requisition for the surrender of a person accused of
    an offence committed on board any vessel on the high seas
    which comes into any port of British India, the local Go-
    vernment, and any Magistrate having jurisdiction in such
    port and authorised by the local Government in this behalf,
    may exercise the powers conferred by this Act.

Chapter VI.—Execution of Commissions issued by
Criminal Courts outside British India.

Execution of commissions issued by Criminal Courts outside
British India.

21. The testimony of any witness may be obtained in
    relation to any criminal matter pending in any Court or

tribunal in any country or place outside British India in
like manner as it may be obtained in any civil matter under
the provisions of the Code of Civil Procedure for the time be-
ing in force with respect to commissions, and the provisions
of that Code relating thereto shall be construed as if the
term “suit” included a criminal proceeding :

Provided that this section shall not apply when the evi-
dence is required for a Court or tribunal in any State outside
India other than a British Court and the offence is of a poli-
tical character.

Chapter VII.—Supplemental.

Power to make rules.

22. (1.) The Governor-General in Council may make rules
    to carry out the purposes of this Act.

(2.) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for—

(a.) The removal of prisoners accused or in custody
under this Act, and their control and maintenance
until such time as they are handed over to the
persons named in the warrant as entitled to receive
them ;

(b.) The seizure and disposition of any property which
is the subject of, or required for proof of, any alleged
offence to which this Act applies ;

(c.) The pursuit and arrest in British India, by officers
of the Government or other persons authorised in
this behalf, of persons accused of offences com-
mitted elsewhere ; and

(d.) The procedure and practice to be observed in extra-
dition proceedings.

(3.) Rules made under this section shall be published in
the Gazette of India and shall thereupon have effect as if
enacted by this Act.

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

23. Notwithstanding anything in the Code of Criminal
    Procedure, 1898, any person arrested without an order from
    a Magistrate and without a warrant, in pursuance of the
    provisions of section 54, clause seventhly, of the said Code,
    may, under the orders of a Magistrate within the local
    limits of whose jurisdiction such arrest was made, be de-
    tained in the same manner and subject to the same restric-
    tions as a person arrested on a warrant issued by such
    Magistrate under section 10.

Repeals.

24. The Acts mentioned in the Second Schedule are re-
    pealed to the extent specified in the fourth column thereof.

THE FIRST SCHEDULE.

Extradition Offences.

[See section 2, clause (b), and Chapter III. (Surrender of
Fugitive Criminals in case of States other than Foreign
States).]

[The sections referred to are the sections of the Indian Penal Code.]

Frauds upon creditors (section 206).
Resistance to arrest (section 224).
Offences relating to coin and stamps (sections 230 to 263A).
Culpable homicide (sections 299 to 304).
Attempt to murder (section 307).
Thagi (sections 310, 311).
Causing miscarriage, and abandonment of child (sec-
tions 312 to 317).
Causing hurt (sections 323 to 333).
Wrongful confinement (sections 347, 348).
Kidnapping and slavery (sections 360 to 373).
Rape and unnatural offences (sections 375 to 377).
Theft, extortion, robbery, &c. (sections 378 to 414).
Cheating (sections 415 to 420).
Fraudulent deeds, &c. (sections 421 to 424).
Mischief (sections 425 to 440).
Lurking house-trespass (sections 443, 446).
Forgery, using forged documents, &c. (sections 463 to
477A).
Desertion from any body of Imperial Service Troops.
Piracy by law of nations.
Sinking or destroying a vessel at sea or attempting or con-
spiring to do so.
Assault on board a ship on the high seas with intent to
destroy life or to do grievous bodily harm.
Revolt or conspiracy to revolt by two or more persons on
board a ship on the high seas against the authority of the
master.
Any offence against any section of the Indian Penal Code
or against any other law which may, from time to time, be
specified by the Governor-General in Council by notification
in the Gazette of India (XL.V. of 1860) either generally for all
States or specially for any one or more States.