Ch. Ct. BK. CUs · F +ZI F 28.4.91. Gradition of Ellenders:

. ނ

Act XXI-1879.]

ে

1363

2. The Foreign Jurisdiction and Extradition Act, 1872, is repealed, but all existing appointments, delegations, certificates, Repeal. requisitions, and rules made, and all existing notifications, summonses, warrants, orders, and directions issued, under that Act, shall, in so far as they are consistent herewith, be deemed to have been respectively made and issued hereunder.

Interpretation-clause.

3. In this Act, unless there is something repugnant in the subject or context,

"Political Agent" means and includes

(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 Governor-General in Council, or the Governor in Council of the Presidency of Fort St. 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; and

"European British subject means a European British subject as
defined in the Code of Criminal Procedure.
Kurram Distret

20.3 CHAPTER II. Elgit District of
Farbari, Ut of Bedien

ort of India, For. Lett. str. 25247 POWERS OF BRIT OFFICERS

Exercise of powers of Governor General in places Leyond British India, and delegation thereof.

IN PLACES BEYOND BRITISH INDIA.

4. The Governor- General in Council may exercise any power or jurisdiction which he for the time being has within any 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 the Governor-General in Council from time to time thinks

fit.

or delegation of such

powers.

5. A notification in the Guzette of India of the exercise by the GovernorGeneral in Council of any such power or jurisdiction, Notification of exercise 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 conform, and of the local area within which their powers are to be exercised, shall be conclusive proof of the truth of the matters stated in the notification.

NOTE.-The notifications under this Chapter are collected at the end of the Act.

the Peace.

6. The Governor-General in Council may appoint any European Appointment, powers, and British subject, either by name or by virtue of his jurisdiction of Justices of office, in any such country or place to be a Justice of the Peace; and every such Justice of the Peace shall have in proceedings against European British subjects, or persons accused of having committed offences conjointly with such subjects, all the powers conferred by the Code of Criminal Procedure on Magistrates of the first class who are Justices of the Peace and European British subjects.

The Governor-General in Council may direct to what Court having jurisdiction over European British subjects any such Justice of the Peace is to commit for trial.

7. All Political Agents and all Justices of the Peace appointed beConfirmation of existing fore the twenty-fifth day of April, 1872, by the Political Agents and Jus- Governor-General in Council or the Governor in tices. Council of the Presidency of Fort St. George or with the Fly, quite and with Roshon

1421444

Come of Sullander Dwisen, for the time bling. to Gerase the Somers of a Political Agent and Chaps. I7064 F, Gst IFTON 79xX1-18 178647 Malet Kotler Hall Pot of lake, for Dept. dr. 3355 9.10.9 Bombay, in or for any such country or place as aforesaid, shall be deemed

EXTRADITION!

Act

to be and to have been appointed and to have had jurisdiction, under the provisions of this Act.

8. The law relating to offences and to criminal procedure for the time being in force in British India shall, subject as to procedure to such modifications as the GovernorGeneral in Council from time to time directs, extend

Extension of criminal law of British India to British subjects out of British India.

(a) to all European British subjects in the dominions of Princes and States in India in alliance with Her Majesty; and

(b) to all Native Indian subjects of Her Majesty in any place beyond the limits of British India.

CHAPTER III.

INQUIRIES IN BRITISH INDIA INTO CRIMES COMMITTED BY BRITISH
SUBJECTS IN PLACES BEYOND BRITISH INDIA.

9. 10. Repealed by Act X of 1882.

11. When an offence has been committed, or is supposed to have been committed in any State against the law of such State by a person not being a European British subject, and such person escapes into or is in British India, the Political Agent for such State may issue and delivery at a place and to a person to be

Arrest and removal of
persons other than Euro.

pean British subjects escap-
ing into British India.

a warrant for his arrest
named in the warrant-

if such Political Agent thinks that the offence is one which ought to be inquired into in such State;

and if the act said to have been done would, if done in British India, nave constituted an offence against any of the sections of the Indian Penal Code mentioned in the schedule hereto annexed, 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 of 7 dia.

NOTE.-Under the corresponding section of Act XI of 1872, the Governor-General in Council has notified that the provisions of Section 19 of Act V of 1871, shall apply to offences against any of the sections of the Indian Penal Code mentioned in Schedule II of that Act.(Notification No. 188, doted 12th August 1872-Punjab Gazette of 22nd idem).

12. Such warrant may be directed to the Magistrate 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.

Direction and execution of warrant.

13. Such Political Agent may either dispose of the case himself, or, if he is generally or specially directed to do so by the Governor-General in Council, or by the Governor of the Presidency of Fort St. George in Council, or by the Governor of the Presidency of Bombay in

Political Agent may himself dispose of case, or make ver person to ordinary Courts for trial.

Cond: Dollar & be Pol. Gent for Pimmur frate from Давай 1.96. Gut of Sustin, For. Left. Nr. 675, 6-1. 96.

Act XXI-1879.]

EXTRADITION.

1365

Council, may give over the person so forwarded, whether he be a Native
Indian subject of Her Majesty or not, to be tried by the ordinary
Courts of the State in which the offence was committed.

14. Whenever a requisition is made to the Governor-General in Coun. cil or any Local Government by or by the authority of the persons for the time being administering the any part of British domin- executive government of any part of the dominions ions or Foreign power. of Her 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 Governor-General 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 the local limits of his jurisdiction, directing him to inquire into the truth of such accusation.

Requisitions for extradi

tion by the Executive of

The Magistrate so directed shall issue a summons or warrant for the arrest of 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 may issue a 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 ten shall apply to inquiries held under this

section.

15. Whenever any person accused or suspected of having committed an offence out of British India is within the local limits of the jurisdiction of a Magistrate in British India, and it appears to such Magistrate that the Political Agent for any State could, under the provisions of section eleven, issue a warrant for the arrest of such person, or that the persons for the time being administering the xecutive government of any part of the dominions of Her Majesty or the terriory of any Foreign Prince or State could demand his surrender, such Magisrate may, if he think fit, issue a warrant for the arrest of such person, on such nformation or complaint and such evidence as would, in his opinion, jusify the issue of such a warrant if the offence had been committed within the local limits of his jurisdiction.

Magistrate may in certain cases issue warrant for

arrest of person accused of having committed an of

fence out of British India.

Any Magistrate issuing a warrant under this section shall, when the offence appears or is alleged to have been committed in a State for which there is a Political Agent, send immediate information of his proceedings to uch Agent, and in other cases shall at once report his proceedings to the Local Government.

Magistrate to inform Po

itical Agent or Local Go

ernment.

16. No person

Person arrested to be re

arrested on a warrant issued by a Magistrate under section fifteen shall be detained more than two ased after certain time months from the date of his arrest, unless within not proceeded against. such period the Magistrate receives a warrant under ction eleven from the Political Agent for any State for the delivery of such erson, or an order with reference to him under section fourteen from the overnor-General in Council or Local Government, or such person is in ccordance with law delivered up to some Foreign Prince or State.

At any time before the receipt of such a warrant or order, the Magistrate, if he thinks fit, may, and the Magistrate if so directed by the Local Government shall, discharge the accused person.

Power to make rules.

Bail.

17. The provisions of the Code of Criminal Procedure in respect of bail shall apply in the case of any person arrested under section fifteen in the same manner as if such person were accused of committing in British India the offence with which he is charged.

CHAPTER V.
MISCELLANEOUS.

18. The Governor-General in Council may, from time to time, make rules to provide for

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

Rules and Notifications published under Act XXI of 1879.

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

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

NOTE.-The Rules are given below.

Execution of commis

Criminal Courts.

19. The testimony of any witness may be obtained in relation to an criminal matter pending in any Court or tribuns. sions issued by Foreign in the territory of any Foreign Prince or State like manner as it may be obtained in relation to any civil matter under the Code of Civil Procedure, Chapter XXV, and the provisions of that chapter shall be construed as if the term "suit" include: a proceeding against a criminal; Provided that nothing in this section shall apply in the case of any criminal matter of a political character.

THE SCHEDULE.

SECTIONS OF THE INDIAN PENAL CODE REFERRED TO IN SECTION ELEVEN.

Sections 206, 208 and 221; sections 230 to 263, both inclusive; sections 209 to 34, both inclusive; sections 307, 310 and 311; sections 312 to 317, both inclusive; sections 33) to 333, both inclusive; sections 317 and 348; sections 360 to 373, both inclusive: sertive 375 to 377, both inclusive; sections 378 to 414, both inclusive; sections 435 to 440, backinclusive; sections 443 to 446, both inclusive; sections 464 to 468, both inclusive; secti 471 to 477, both inclusive.

NOTES.-A.-The following Rules, Notifications, &c, h been issued with regard to the extradition of criminals and fore jurisdiction. Such of them as were issued under Act XI of 153 retain their force under Section 2 of Act XXI of 1879.

(a).—Rules &c. under Act XXI of 1879 (the Foreign Jurisdiction and Extradition Act). Letter (No. 56J., dated 6th May 1875, from Secretary to Government of India, For Department, to Secretary to Government, Punjab, as amended by No. 59J., dated 16 August 1876).

With reference to the correspondence ending with your letter No. 1379, dated 1 August 1874, I am directed to forward, for the information and guidance of the offi subordinate to the Government of the Punjab, the enclosed copy of a Notification No. 15 dated the 12th March 1875, published in the Gazette of India, containing rules framed by Governor-General in Council under Section 15 of Act XI of 1872, "The Foreign Jurishs and Extradition Act, 1872."

2. The Governor-General in Council desires that special attention be drawn to Section of the Act. It must be distinctly borne in mind that, subject as to procedure to va modifications as the Governor-General in Council from time to time directs, all trials hald a Political Agent must be held in conformity to the law and criminal procedure of Britis India as far as applicable.

3. Attention should also be drawn to Sections 12 and 14 of the Act. When a prisoner has been arrested under a Political Agent's warrant (Section 12), or under a warrant issued under Section 14 by the Governor-General in Council or any Local Government, bail cannot be taken, and the person arrested must be removed in custody and delivered up at the place and to the person named in the warrant.

4. With reference to rule 12, I am to observe that if the persons sentenced to imprisonment by the Political Agent be not British subjects, they should be made over to the Native State for confinement in the local jail, provided the Political Agent is satisfied that the local jail is a suitable place for their confinement; but if the Political Agent considers that the local jail is not a suitable place for the confinement of the prisoners, or if there be other reasons rendering it inexpedient to confine the prisoners there, they should be dealt with in the same way as British subjects are dealt with under rule 12.

5. When a person, not a British subject, is sent to a British jail under the instructions contained in the preceding paragraph, the expense of his confinement in jail should, if practicable, be recovered from the Native State.

6. It is of course optional to the Chiefs of Native States, with whom treaties of extradition exist, to abide by the provisions of ¡such treaties if they prefer them to the procedure in these rules.

7. With reference to paragraph 2 of your letter of 11th August, I am to observe that in the exercise of the discretion conferred by Section 14 of Act XI of 1872, the Lieutenant Governor can be guided by the rules referred to when a State is concerned in respect to which it has been the practice to observe them.

NOTIFICATION.-No. 31J., dated 12th March 1875.

(As amended by Notification No. 87J., dated 16th August 1876).

In exercise of the powers conferred on him by Sections 13 and 15 of Act XI of 1872 and of all other powers enabling him in this behalf, the Governor-General in Council is pleased to make the following rules :-

1. The Political Agent shall not issue a warrant under Section 11 of the Act in any case which is provided for by treaty, if the Native State expressly desires to abide by the procedure of the treaty; nor in any case in which application for surrender is made under Section 14 to the Governor-General in Council or any Local Government.

2. The Political Agent shall not issue a warrant under Section 11, except on a request preferred to him in writing by, or by the authority of the person for the time being administering the executive Government of the Native State at which he is the British representative, and on the understanding that the provisions of Act XI of 1872 and of these rules are to apply to the case.

3. If the accused be a British subject, the Political Agent shall, before issuing such a warrant, consider whether he ought not to certify the case as one for trial in British India; and he shall, instead of issuing a warrant, so certify the case, if he is satisfied that the interests of justice and the convenience of witnesses can be better served by the trial being held in British India than in the Native State.

4. The Political Agent shall in all cases, before issuing a warrant under Section 11, satisfy himself by preliminary enquiry that there is a primâ facie case against the accused, and that the charge is not prompted by political motives.

5. If the person surrendered under the warrant of a Political Agent, issued under Section 11, be not a British subject; or if such person being a British subject, the Courts of the State, either by eustom or by the express recognition of the Governor-General in Council, try native British subjects surrendered to them by extradition, and the Political Agent, after hearing the statement, if any, of the accused, and making such further inquiry as he may deem necessary, is satisfied that there is a primâ facie case against the accused, and that the charge is not prompted by political motives, the Political Agent shall make over the accused to be tried by the ordinary Courts of the State in which the offence was committed; provided that the Courts of the State have, by custom or recognition as aforesaid, power to inflict the punishment which may be inflicted under the Indian Penal Code for the offence with which the accused person is charged.

6. If the accused be a British subject, but the Courts of the State do not by custom or recognition as aforesaid try Native British subjects, the Political Agent shall dispose of the case himself.

7. If the punishment which may be awarded under the Indian Penal Code for any offence for which an accused person has been surrendered as above be more than the Courts of the State by custom or recognition as aforesaid inflict, the Political Agent may try the case himself, if he thinks it advisable to do so.

8. Notwithstanding anything in the three preceding rules, the Political Agent shall try any such case himself or make it over for trial by the ordinary Courts of the State, if he bgenerally or specially instructed by the Governor-Gene al in Council so to do.

* The rules here referred to are those printed in part (c) of this Circular,