The Extradition Act, 1962
17. Dealing with
fugitive criminal when apprehended.
- If the magistrate,
before whom a person apprehended under this Chapter is
brought, is satisfied on inquiry that the endorsed
warrant for the apprehension of the fugitive criminal is duly
authenticated and that the offence of which the person is accused or has been
convicted in an extradition offence, the magistrate shall commit the
fugitive criminal to prison to await his return and shall forthwith send
to the Central Government a certificate of the committal.
- If on such
inquiry the magistrate is of opinion that the endorsed warrant
is not duly authenticated or that the offence of which
such person is accused or has been
convicted is not an extradition offence, the magistrate
may, pending the receipt of the orders of the Central
Government, detain such person in custody or release him on bail.
- The magistrate shall
report the result of his inquiry to the Central Government and shall forward
together with such report any written statement which the fugitive criminal may
desire to submit for the consideration of that Government.
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