The Extradition Act, 1962
7. Procedure before
magistrate.
- When the fugitive
criminal appears or is brought before the magistrate, the magistrate shall
inquire into the case in the same
- Ins. by Act 66 of
1993 s. 5 (w.e.f. 18-12-1993 )
- Omitted by s. 6,
ibid (w.e.f. 18-12-1993)
- Omitted by s. 3
ibid. (w.e.f. 18-12-1993) manner and shall have the same jurisdiction and
powers, as nearly as may be, as if the case were one tribal by a court of
session or High Court.
- Without
prejudice to the generality of the foregoing
provisions, the magistrate shall, in particular, take such evidence as may
be produced in support of the requisition of the foreign
State 1*** and on behalf of the fugitive criminal,
including any evidence to show that the offence of which the
fugitive criminal is accused or has been convicted is an
offence of political character or is not an extradition offence.
- If the magistrate
is of opinion that a prima facie case is not made out in support of the
requisition of the foreign State 1*xxx, he shall discharge the fugitive
criminal.
- If the magistrate
is of opinion that a prima facie case is made out in support of the
requisition of the foreign State, 1***he may commit the fugitive
criminal to prison to await the orders of the
Central Government, and 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 the Central Government.
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