The Extradition Act, 1962
Administered Ministry: Ministry of External Affairs
Act details
| Short title | The Extradition Act, 1962 |
|---|---|
| Long title | An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto. |
| Act number | 34 of 1962 |
| Act year | 1962 |
| Enactment date | 15 Sep 1962 |
| Ministry | Ministry of External Affairs |
| Jurisdiction | Central (Parliament of India) |
| Sections | 40 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of Extradition Act, 1962
Extradition to Foreign States
• Provisional Warrant
• Issuance by any magistrate for a fugitive from a foreign state
• Conditions and execution process
• Dealing with Fugitive Criminal
• Magistrate's inquiry and decision process
• Detention or bail pending Central Government's orders
• Return by Warrant
• Central Government's authority to issue a return warrant
• Chapter for States Not Covered by Chapter III:
• Requisition for surrender
• Magisterial inquiry process
• Warrant issuance and surrender procedures
Miscellaneous Provisions
• Liability and Discharge:
• Liability of fugitive criminals
• Discharge if not surrendered within two months
• Abetment of extradition offences
• Property found on fugitive criminal
• Central Government's power to discharge
• Extra territorial jurisdiction
• Provisional arrest
• Prosecution in India if extradition not possible
Legislative history
Legislative History:
The Extradition Act, 1962
● Act Title - The Extradition Act, 1962
● Act Number / Year - 34 of 1962
● Act ID (India Code) - 196234
● Presidential Assent Date - September 15, 1962
● Enforcement Date - January 5, 1963
● Nodal Ministry - Ministry of External Affairs
Precedent & Historical Rationale
● Consolidation and Uniformity of Extradition Laws - Enacted to consolidate and amend the law relating to the extradition of fugitive offenders, replacing pre-independence statutes like the Indian Extradition Act, 1903 and the Fugitive Offenders Act, 1881.
● Treaty Framework and Dual Criminality Standards - Formulated to establish a uniform procedure for surrendering fugitive criminals to foreign states (both treaty and non-treaty nations), enforcing key international law principles such as dual criminality, specialty, and protection against extradition for political offenses.
Parliamentary Trajectory & Enactment
● Formulation - Introduced by the Ministry of External Affairs to modernize India's legal mechanisms for international judicial assistance and international crime control.
● Parliamentary Passage - Debated and passed by both Houses of Parliament (Third Lok Sabha and Rajya Sabha) during the August–September session of 1962.
● Presidential Assent - Received Presidential Assent on September 15, 1962.
● Enforcement - Enforced on January 5, 1963.
Source - Official Record of Parliament, India Code, and Ministry of External Affairs.