The Extradition Act, 1962 (Act No. 34 of 1962) is an Act of the Indian Parliament that consolidates and amends the law relating to the extradition of fugitive criminals. It was enacted on September 15, 1962, and came into force on January 5, 1963, to provide a clear legal framework for the surrender of persons accused or convicted of crimes who have fled to or from India.
The Act governs the process of transferring a person from India to a foreign state, or vice-versa, for prosecution or punishment. Extradition is typically based on an extradition treaty or agreement, of which India currently has over 40 with various nations. A key mechanism is the principle of Dual Criminality, which requires the offense to be a crime in both the requesting state and India. The Act explicitly excludes offenses of a political or military character from the scope of extradition.
The process begins with a formal requisition for surrender, which is examined by the Ministry of External Affairs and then referred to a magistrate for an inquiry under Section 7. The Central Government holds the final authority to decide on the surrender of the fugitive criminal.
The Act was significantly amended by Act 66 of 1993, which added provisions like Section 34A (Prosecution on refusal to extradition) and Section 34C. Section 34C addresses the issue of the death penalty, stipulating that a fugitive criminal surrendered from a foreign state that does not have capital punishment for the offense will be liable for life imprisonment only, even if the offense is punishable by death in India. The Act connects directly to international law concepts like Aut Dedere Aut Judicare (extradite or prosecute) and is the legal basis for India's cooperation with other nations in criminal matters.