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Bare acts > Extradition Act, 1962 > Section 2
 
  


 

2. Definitions.- In this Act, unless the context otherwise requires,--

*[(a) "composite offence" means an act or conduct of a person occurred, wholly or in part, in a foreign State or in India but its effects or intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case may be;]


*[Subs. by Act 66 of 1993 s. 4]

(b) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "person accused" includes a person so convicted for contumacy;

*[(c) Extradition offence" means-

(i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;

(ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence;]

*[Subs. by Act 66 of 1993 s. 4]

(d) "extradition treaty" means a treaty *[agreement or arrange¬ment) made by India with a foreign State Relating to the extradition of fugitive criminals, and includes any treaty *[agreement or arrange¬ment] relating to the extradition of fugitive criminals made before the 15th day of August, 1947, which extends to, and is binding on, India;

*[Modified by Act 66 of 1993 s. 4]

*[(e) "foreign State" means any State outside India, and includes every constituent part, colony or dependency of such State:]

*[Modified by Act 66 of 1993 s. 4]

*[(f) "fugitive criminal" means a person who is accused or con¬victed of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State;]

*[Substituted by Act 66 of 1993 s. 4]

(g) "Magistrate" means a Magistrate of the first class or a Presidency Magistrate;

(h) "notified order" means an order notified in the official Gazette;

(i) "prescribed" means prescribed by rules made under this Act; and

(j) "treaty State" means a foreign State with which an extradition treaty is in operation

 

 

 

 

 

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