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A. D. 1872, ACT XI.

An Act to provide for the trial of offences committed in

places beyond British India, and for the Extradition of Criminals.

Passed on the 27th April 1872, WHEREAS by treaty, capitulation, agreement, grant, usage, Preamble. sufferance, and other lawful means, the Governor-General of India in Council has power and jurisdiction within divers places beyond the limits of British India : and whereas such power and jurisdiction have from time to time been delegated to police agents and others acting under the authority of the Governor General in Council; and whereas doubts have arisen how far the exercise of such power and jurisdiction, and the delegation thereof, are controlled by and dependent on the laws of British India; and whereas it is expedient to remove such doubis, and to consolidate and amend the law relating to the exercise and delegation of such power and jurisdiction, and to offences committed by British subjects beyond the limits of British India, and to the extradition of criminals; it is enacted as follows :

1. This Act may be called “ The Foreign Jurisdiction and Short title. Extradition Act, 1872."

It extends to the whole of British India;

to all Native Indian subjects of Her Majesty without and beyond the Indian territories under the dominion of Her Majesty ; and

to all European British subjects within the dominions of princes and states in India in alliance with Her Majesty;

and it shall come into force on the passing thereof. Commencement.

II. The enactments mentioned in the first schedule here- Repealof enactmento, to annexed are repealed to the extent specified in the third column thereof.

III. In this Act the expression political agent' means "Political agent" deand includes

fined,

Extent.

(1) the principal officer representing the British Indian Government in any territory or place beyond the limits of British India;

(2) any officer in British India appointed by the GovernorGeneral in Council or the Governor in Council of the Presidency of Fort Saint George or Bombay, to exercise all or any of the powers of a political agent under this Act for any

place not forming part of British India; Native states.

· Native state' means,

in reference to Native Indian subjects of Her Majesty, all places without and beyond the Indian territories under the dominion of Her Majesty ; and,

in reference to European British subjects, the dominions of princes and states in India in alliance with Her Majesty.

Powers of British Officers in places beyond British India. Exercise of powers of IV. The Governor-General in Council may exercise any

Governor General in places beyond power or jurisdiction which the Governor-General in Council British India, and now bas, or may at any time hereafter have, within any delegation thereof.

country or place beyond the limits of British India; and may delegate the same to any servant of the British Indian Government, in such manner and to such extent as to the

Governor-General in Council from time to tine seems fit. Notification ofexercise V. A notification in the Gazette of India of the exercise or delegation of such

by the Governor-General in Council of any such power or powers.

jurisdiction, and of the delegation thereof by him to any person or class of persons, and of the rules of procedure or other conditions to which such persons are to conforun, and of the local area within which their powers are to be exercised, shall be conclusive proof in any court of the truth of the

matters stated in the notification. Appoiutment, powers

VI. The Governor-General in Council may appoint any and jurisdiction of justices

of the European British subject, either by name or by virtue of his peace,

office, in any such country or place, to be a justice of the peace; and every such justice of the peace shall have all the powers conferred on magistrates of the first class, who are justices of the peace and European British subjects, by any law for the time being in force in British India relating to criminal procedure. The Governor-General in Council may

direct to what court, having jurisdiction over European British subjects, any suclr justice of the peace is to commit for trial. VII. All political agents and all justices of the peace, Confirmation of er

isting political heretofore appointed by the Governor-General in Council or

agents and justices. the Governor in Council of the presidency of Fort St. George or Bombay, in any such country or place as aforesaid, shall be deemed to be and to huve been appointed, and to have and to have had jurisdiction under the provisions of this Act. VIII. The law relating to offences and to criminal proce- Extension of criminal

law of British India dure for the time being in force in British India shall, subject

to British subjecte

ia native states. as to procedure to such modifications as the GovernorGeneral in Council from time to time directs, extend to all British subjects, European and Natise, in native states,

Inquiries in British India into Crimes committed by

British Subjects in pluces beyond British India. IX. All British subjects, European and Native, in British Liability of British

subjects for offenIndia, may be dealt with, in respect of offences committed by

ces committed in them in any native state, as if such offences had been com

native states. mitted in any place within British India, in which any such subject may be or may be found : Provided that no charge as to any such offence shall be Political agent to cer

tify fitness of in-. inquired into in British India unless the political agent, if

quiry into charge. there be such for the territory in which the offence is said to have been committed, certifies that, in his opinion, the charge is one which ought to be inquired into in British India.

Provided also that any proceedings taken against any person under this section, which would be a bar to subse. quent proceedings against such person for the same offence, if such offence had been committed in British India, shall be a bar against further proceedings against him under this Act in respect of the same offence in any native state. X. Whenever any such offence as is referred to in Section Power to direct copies

of depositions and 9 is being inquired into or tried, the local Government exhibits to be remay, if it thinks fit, direct that copies of depositions made or ceived in evidence, exhibits produced before the political agent or a judicial officer in the state in which such offence is alleged to have

been committed, shall be received as evidence by the court bolding such inquiry or trial, in any case in which such court might issue a commission for taking evidence as to the mat

ters to which such depositions or exhibits relate. Arrest and removal XI. When an offence has been committed or is sup

of persons other than European posed to have been committed in any state against the law British subjects escaping into British of such state by a person not being a European British subIndia.

ject, and such person escapes into, or is in British India, the political agent for such state may issue a warrant for his arrest and delivery at a place in such state, and to a person to be named in the warrant,

if such political agent thinks that the offence is one which ought to be inquired into in such stote,

and if the act said to have been done would, if done in British India, have constituted an offence against any of the sections of the Indian Penal Code mentioned in the second schedule hereto, or under any other section of the said code, or any other law which may, from time to time, be specified by the Governor-General in Council by a notification in the

gazette. Direction and execu

XII. Such warrant may be directed to the magistrato tion of warrant.

of any district in which the accused person is believed to be; and shall be executed in the manner provided by the law for the time being in force with reference to the execution of warrants; and the accused person, when arrested, shall be forwarded to the place and delivered to the officer named in the warrant.

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Political agent may

hin.self dispose of

XIII. Such political agent may either dispose of the case case or make over himself, or may give over the person so forwarded, whether person to ordinary he be a native Indian subject of Her Majesty or not, to be courts for trial.

tried by the ordinary courts of the state in which the offence was committed, if he is generally or specially directed to do 60 by the Governor-General in Council, or by the Governors in Council of the presidencies of Fort St. George and Bombay

respectively. Requisitions for ex. XIV. Whenever a requisition is made to the Governor

tradition by the executive of any General in Council or any local Government by or by the

.

authority of the persons for the time being administering the part of British do.

ininions or foreigu executive government of any part of the dominions of Her

power. Majesty, or the territory of any foreign prince or state, that any person accused of having committed an offence in such dominions or territory, should be given up, the GovernorGeneral in Council or such local Government, as the case may be, may issue an order to any magistrate, who would have had jurisdiction to inquire into the offence if it had been committed within his local jurisdiction, directing him to inquire into the truth of such accusation.

The magistrate so directed shall issue a summons or war. rant for the arrest at such person, according as the offence named appears

to be one for which a summons or warrant would ordinarily issue; and shall inquire into the truth of such accusation; and shall report thereon to the Government by which he was directed to hold the said inquiry. If upon receipt of such report, such Government is of opinion that the accused person ought to be given up to the persons making such requisition, it inay issue & warrant for the custody and removal of such accused person, and for his delivery at a place and to a person to be named in the warrant.

The provisions of Section 10 shall apply to inquiries lield under this section.

This section shall not affect the provisions of any law or treaty for the time being in force as to the extradition of offenders ; but the procedure provided by any such law or treaty shall be followed in every case to which it applies.

XV. The Governor-General in Council may make, and Power to make rules, may from time to time alter, rules to provide for

(1) the confinement, diet, and prison discipline of British subjects, European or Native, imprisoned by political agents under this Act;

(2) the removal of accused persons under this Act, and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them ;

(3) and generally to carry out the purposes of this Act.

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