The Extradition Act, 1962
16. Provisional warrant
for apprehension of fugitive criminal.
- Any
magistrate may issue a provisional
warrant for the apprehension of a fugitive
criminal from any commonwealth country to which this Chapter applies who
is, or is suspected to be, in or on his way to India, on such
information and under such circumstances as would, in
his opinion, justify the issue of a warrant, if the offence of which
the fugitive criminal is accused or has been convicted had
been committed within his jurisdiction and such
warrant may be executed accordingly.
- A magistrate
issuing a provisional warrant shall forthwith send a
report of the issue of the warrant
together with the information or a certified copy thereof to
the Central Government, and the Central Government may, if it
thinks fit, discharge the person apprehended under such warrant.
- A fugitive criminal
apprehended on a provisional warrant may, from time to time, be remanded for
such reasonable time, not exceeding seven days at any one time, as under the
circumstances seems requisite for the production of an endorsed warrant.
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