EXTRADITION OF FUGITIVE CRIMINALS TO FOREIGN STATE TO WHICH CHAPTER III DOES NOT APPLYCentral

Section 9 of The Extradition Act, 1962

Power of magistrate to issue warrant of arrest in certain cases.

(1)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.
(2)The magistrate shall forthwith report the issue of a warrant under sub-section (1) to the Central Government and shall forward the information, and the evidence or certified copies thereof to that Government.
(3)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.

Summary

A local magistrate can issue an arrest warrant for a foreign fugitive found in their area, even without a prior order from the Central Government.
The magistrate must have enough information and evidence that would justify an arrest if the crime had happened in their own local area.
Right after issuing this warrant, the magistrate must immediately report it to the Central Government and send them the evidence.
A person arrested this way cannot be kept in jail for more than three months, unless the Central Government sends a formal inquiry order within that time.

Practical examples

1A magistrate in Mumbai receives strong evidence that a tourist named Tom committed a serious robbery in Germany. The magistrate issues an arrest warrant immediately to prevent Tom from fleeing, then mails the details to the Central Government.

2Police arrest Lisa on a local magistrate's warrant for a crime in Spain. She sits in jail for three months, but the Central Government never sends the formal order to continue the process, so the magistrate has to release her.

FAQ

1. Can a magistrate arrest a fugitive before the national government gets involved?

Yes, if the fugitive is in the magistrate's local area and there is strong evidence justifying an arrest.

2. What does the magistrate do after making this kind of arrest?

They must forthwith report the arrest and send the evidence or certified copies to the Central Government.

3. How long can someone be held without the government stepping in?

They cannot be detained for more than three months unless the Central Government issues an official order for an inquiry.

Test yourself

1.Under Section 9 of The Extradition Act, 1962, how long can a person be detained on a magistrate's independent warrant without further orders?

2.Under Section 9 of The Extradition Act, 1962, what specific document from the Central Government, cross-referenced from Section 5, must arrive to extend detention past three months?

3.Under Section 9 of The Extradition Act, 1962, what level of evidence is required for the magistrate to issue this warrant?

4.Under Section 9 of The Extradition Act, 1962, what must the magistrate do immediately after issuing the warrant?

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