The Extradition Act, 1962
9. Power of magistrate
to issue warrant of arrest in certain cases.
- Where it appears to any
magistrate that a person within the local limits of his
jurisdiction is a fugitive criminal of a foreign State 1*** he
may, if he thinks fit, issue a warrant for the arrest of that
person on such information and on such evidence as would, in his
opinion, justify the issue of a warrant if the offence of
which the person is accused or has been convicted had been committed
within the local limits of his jurisdiction.
- The magistrate shall
forthwith report the issue of a warrant under sub-section (1) to the Central
Government and shall forward 1. omitted by Act 66 of 1993, s. 3 (w.e.f 18-12-1993) the information, and
the evidence or certified copies thereof to that Government.
- A person arrested on a
warrant issued under sub-section (1) shall not be detained for more than three
months unless within that period the magistrate receives from the Central
Government an order made with reference to such person under section 5. Receipt
in evidence of exhibits, depositions and other documents and authentication
thereof.
Back