Question

What is the Extradition Act, 1962 — name a key procedure?

Hint:

Always remember: Extradition Act = dual criminality + magisterial inquiry + Central Government’s final surrender decision.

Answer 1

The Extradition Act, 1962 is the principal legislation governing India’s obligations regarding arrest, surrender, and transfer of fugitives to foreign States. It operationalises India’s extradition treaties and provides uniform procedures.
A central procedural step under the Act is the Magisterial Inquiry under Sections 5–7.
1. Magisterial Inquiry – Core Procedure
When a foreign State requests extradition:

The Central Government forwards the case to a Judicial Magistrate.
The Magistrate holds an inquiry similar to a committal proceeding.
The purpose is to determine:

whether the offence is extraditable,
whether dual criminality is satisfied,
whether the evidence establishes a prima facie case,
whether any bars apply (political offence, discrimination, torture risk, etc.).

If satisfied, the Magistrate commits the fugitive to custody and reports to the Central Government.
The Central Government makes the final decision on surrender.
Thus, extradition is a two-stage process: judicial scrutiny + executive decision.
2. Importance of the Magisterial Inquiry It ensures:

fairness to the accused,
compliance with treaty obligations,
protection from political misuse,
adherence to human rights standards.