The Extradition Rules, 2017
Published vide Notification No. G.S.R. 830(E), dated 30th June, 2017
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Ministry of External Affairs
G.S.R. 830(E). - In exercise of the powers conferred by section 36 of the Extradition Act, 1962 (34 of 1962), the Central Government hereby makes the following rules for the implementation of Chapter III of the Act relating to return of fugitive criminals to foreign States with extradition arrangements, namely:- 1. Short title and commencement. - (1) These rules may be called the Extradition Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. - (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Extradition Act, 1962 (34 of 1962);
(b) "Form" means a Form appended to these rules;
(c) "section" means a section of the Act.
(2) Words and expressions used and not defined in these rules but defined in the Act, shall have the meanings assigned to them in the Act. 3. Endorsement of a foreign warrant under section 15. - (1) A warrant of arrest, forming part of an extradition request, issued by a foreign court or any other lawful authority, received from a foreign State to which the provisions of Chapter III of the Act applies, in respect of a fugitive criminal who is found or suspected to be in or on his way to India, shall be endorsed by the competent authority in the manner as provided in the Form appended to these rules. Explanation. - For the purposes of this rule, the competent authority, for the purpose of endorsement of a foreign warrant means, an officer, not below the rank of an Under Secretary to the Government of India, dealing with extradition matters, in the Ministry of External Affairs. (2) For the purposes of sub-rule (1), a certificate issued by the Embassy or a Diplomatic Mission of the foreign State or by the Ministry of Foreign Affairs or any other appropriate authority of the Foreign State that the said warrant of arrest was issued by a person having lawful authority to issue such warrant shall be sufficient for the Central Government to accept that the said warrant was issued by the lawful authority in the foreign State. 4. Authentication of an endorsed warrant. - For the purposes of section 17 of the Act, an endorsed warrant for the apprehension of a fugitive criminal shall be considered as duly authenticated only if the credentials of the competent authority endorsing a foreign warrant are authenticated by an officer not below the rank of a Joint Secretary to the Government of India, in-charge of extradition matters, in the Ministry of External Affairs. 5. Dealing with fugitive criminal under section 17. - (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:....................