The Gazette of Endia
EXTRAORDINARY
PART II- Section 3-Sub - section ( i )
PUBLISHED BY AUTHORITY
No. 31 ]
NEW DELHI , FRIDAY , FEBRUARY 22 , 1963 / PHALGUNA 3 ,.
MINISTRY OF EXTERNAL AFFAIRS
ORDER
New Delhi , the 22nd February 1963
G.S.K. 325. Whereas the Treaty of Extradition between the Government of India and the Government of Nepal 1953 provides as follows :
Article 1
The two Governments hereby engage on a basis of strict reciprocity to deliver up to each other those persons , who , being accused , or convicted , of a crime committed in the territory of one Government shall be found within the territory of the other Government , under the circumstances and conditions stated in the present Treaty .
Article 2
Neither Government shall be bound in any case to surrender any person who is not a national of the country by the Government of which the requisition has been made , except where such person is accused of having committed the offence specified in clause ( 10 ) of Article 3 .
Article 3
The offences for which extradition is to be granted in accordance with this Treaty are the following , namely :-
( 1 ) Murder or attempt or conspiracy to murder .
(2 ) Culpable homicide nöt amounting to murder .
( 3 ) Grievous hurt ,
(4) Rape .
(5) Dacoity.
( 6) Highway robbery .
(7 ) Robbery with violence .
( 8) Burglary or house breaking .
(9 ) Arson .
( 10) Desertion from Armed Forces .
( 11 ) Offences against the laws prohibiting the export and Import of goods , ( 12 ) Embezzlement by public officers .
( 107 ) II-
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(13) Serious theft , that is to say, cases of theft where violence has been used or where the value of the property stolen exceeds Rs . 500 and cattle stealing .
( 14) Abduction or kidnapping .
( 15 ) Forgery and the use of what is known to be forged , counterfeiting or altering money ; uttering or bringing into circulation counterfeited or altered money .
( 16 ) Receiving of illegal gratification by a public servant .
(17) Escaping from custody while undergoing punishment after conviction for any of the offences specified in clauses ( 1 ) to ( 16 ) ,
Article 4
In no case shall either Government be bound to surrender any person accused of an offence except upon a requisition duly made by or under the authority of the Government in whose territories the offence is alleged to have been committed and also upon such evidence of criminality as according to the laws of the country in which the accused person shall be found , would justify the appre hension and sustain the charge if the offence had been there committed .
Article 5
Neither Government shall be bound to surrender any person if the offence in respect of which the surrender is demanded be of a political character , or if he proves that the requisition for his surrender has in fact been made with a view to trying or punishing him for an offence of a political character .
Article 6
Extradition shall not take place if the person whose extradition is claimed by one of the Governments has already been tried and discharged or punished or is still under trial in the territory of the other Government for the crime for which extradition is demanded ,
Article 7
If the person whose extradition is claimed by one Government is under trial for any crime in the territory of the other , his extradition may be deferred until the conclusion of the trial .
Article 8
A person surrendered shall in no case be detained or tried in the territory of the Government to which the surrender has been made for any other crime or on account of any matter other than those for which extradition has taken place until he has been restored , or had an opportunity of returning , to the territory of the Government from which he was surrendered .
Article 9
1f evidence sufficient to justify the extradition is not produced within two months from the date of apprehension of the fugitive or within such further period as may be allowed by the Government to which the requisition for extradition has been made or by the Court before which the evidence is to be produced , the fugi- tive shall be set at liberty .
Article 10
The expenses of any apprehension , detention or surrender made in pursuance of this Treaty shall be borne and defrayed by the Government making the re quisition .
Article 11
This Treaty supersedes and cancels all previous Treaties , Agreements and En- gagements on the subject .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 8 ( 1) ]
109
Article 12
This Treaty shall come into force without ratification , one month after the date of signature by both parties and may be terminated by either party by giving one year's notice" ;
Now, therefore , in exercise of the powers conferred by sub - section ( 1 ) of sec- tion 3 of the Extradition Act 1962 ( 34 of 1962 ) , the Central Government hereby directs that the provisions of the said Act , other than Chapter III , shall apply to Nepal with effect from the 22nd day of February , 1963 .
[No. FL/ 442 ( 6 ) / 62 . ]
Dr. K. KRISHNA RAO , Director .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1963