Sections 29 and 31 to apply without any modification thereof.
Notwithstanding anything to the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply without any modification to every foreign State 1***.
Summary
The rules in Section 29 and Section 31 must be applied to every foreign state without any changes.
This strict application overrides Section 3 and Section 12, which normally allow the Central Government to modify how the Act applies to different countries.
Because of this, the government can never give up its power to cancel an extradition that is trivial, made in bad faith, or political (which is what Section 29 guarantees).
Because of this, the protections for the fugitive, such as the fifteen-day waiting period and protection from being tried for unapproved crimes (which are in Section 31), can never be negotiated away.
Practical examples
1India signs a new extradition treaty with Country Z. Country Z wants to skip the fifteen-day waiting period mandated by Section 31. Because of Section 32, the Indian government cannot modify or remove the Section 31 rules, so the fifteen-day wait must stay.
2Country Y demands that India give up its right to cancel extraditions that are made for political reasons (a power given by Section 29). Section 32 ensures that Section 29 applies to every foreign state without modification, so India retains this power regardless of the treaty.
FAQ
1. Does this rule apply to every single foreign country?
Yes, the text specifies that these sections apply without any modification to every foreign state.
Test yourself
1.Under Section 32 of The Extradition Act, 1962, which two sections are strictly applied without any modification?
2.Section 32 of The Extradition Act, 1962 cross-references Sections 3 and 12, which normally allow the Central Government to modify the Act's rules for specific foreign states. What is the effect of Section 32 on these powers?
3.Section 32 of The Extradition Act, 1962 ensures Section 29 applies without modification. If a treaty attempts to force India to surrender a person even when the request is not made in good faith, how does Section 32 protect the powers in Section 29?
4.Under Section 32 of The Extradition Act, 1962, to which entities do Sections 29 and 31 apply without modification?