RETURN OF FUGITIVE CRIMINALS TO FOREIGN STATES WITH EXTRADITION ARRANGEMENTSCentral

Section 12 of The Extradition Act, 1962

(1)This Chapter shall apply only to any such 1[foreign state] to which, by reason of an extradition arrangement entered into with that 2[State], it may seem expedient to the Central Government to apply the same.
(2)Every such application shall be by notified order, and the Central Government may, by the same or any subsequent notified order, direct that this Chapter and Chapters I, IV and V shall, in relation to any such 1[foreign State], apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementing the arrangement.

Summary

Chapter III only applies to foreign states that have a specific extradition arrangement with India.
The Central Government must decide it is appropriate to apply this chapter and must publish a formal "notified order" to do so.
When applying this chapter, the government can choose to modify the rules, make exceptions, or add conditions to fit the specific arrangement with that country.
The government's notified order can also modify how Chapters I, IV, and V apply to that specific foreign state.

Practical examples

1India signs a new extradition arrangement with South Korea. The Central Government publishes a notified order stating Chapter III now applies to South Korea, meaning any fugitives from there will be processed under these specific rules.

2The government issues a notified order for a country, but adds a condition modifying Chapter IV, stating that surrendered persons cannot be tried for tax offenses.

FAQ

1. Does Chapter III automatically apply to every country with a treaty?

No, the Central Government must find it expedient and issue a notified order for it to apply.

2. Can the Indian government change how the Act's rules work for a specific country?

Yes, the notified order can direct that Chapters I, III, IV, and V apply with modifications, exceptions, conditions, and qualifications.

3. What is required before the government can apply Chapter III to a country?

There must be an extradition arrangement entered into with that state.

Test yourself

Q1.Under Section 12 of The Extradition Act, 1962, what formal action must the Central Government take to apply Chapter III to a foreign state?

Q2.Under Section 12 of The Extradition Act, 1962, what must exist between India and the foreign state before Chapter III can be applied to it?

Q3.Under Section 12 of The Extradition Act, 1962, which chapters of the Act can the Central Government modify or add exceptions to when issuing an order for a specific foreign state?

Q4.Under Section 12 of The Extradition Act, 1962, who determines if it is "expedient" to apply this chapter to a foreign state?

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