Extradition Act, 1972

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THE EXTRADITION ACT, 1972 
 
 
 
CONTENTS 
 
CHAPTER I  
 
PRELIMINARY 
1.  Short title, extent, commencement and application 
2.  Definitions 
3.  Treaty State 
4.  Application of Act to non-treaty States 
CHAPTER II 
 
SURRENDER OF FUGITIVE OFFENDERS 
5.  Liability of fugitive offenders to be surrendered 
6.  Requisition for surrender of fugitive offender 
7.  Order of Magisterial enquiry 
8.  Magisterial enquiry 
9.  Receipt in evidence of exhibits, depositions, etc. 
10.  Magistrate to report after enquiry 
11.  Removal and delivery of the fugitive offender 
12.  Discharge of person apprehended if not surrendered within two months 
13.  Power to the Federal Government to discharge a fugitive offender 
14. Simultaneous requisitions 
CHAPTER III 
 
SURRENDER TO PAKISTAN OF PERSONS ACCUSED OF EXTRADITION OFFENCES 
15.  Requisition for surrender of persons to Pakistan 
16.  A person surrendered by a treaty State not to be tried for previous offence 
 
 

 
 
 
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17.  Return of the persons surrendered to Pakistan 
CHAPTER IV  
MISCELLANEOUS 
18.  Jurisdiction as to offences committed at sea or in air 
19. Release of persons arrested on bail 
20.  Property found on fugitive offender 
21.  Lawfulness of custody and re-taking under warrant issued under Act 
22.  Power to make rules. 
23.  Power to amend the Schedule 
24. Repeal 
THE SCHEDULE 
 
 
  
 
 
 
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THE EXTRADITION ACT, 1972 
ACT No. XXI OF 1972 
[25th September, 1972]  
An Act to consolidate and amend the law relating to the extradition of fugitive offenders. 
 WHEREAS it is expedient to consolidate and  amend the law relating to the extradition of 
fugitive offenders;  
 It is hereby enacted as follows:—  
CHAPTER I  
 
PRELIMINARY 
 1. Short title, extent, commencement and application. —(1) This Act may be called the 
Extradition Act, 1972.  
 (2) It extends to the whole of Pakistan.  
 (3) It shall come into force on such date as the Federal Government may, by notification in the 
official Gazette, appoint.  
 (4) It shall apply in relation to the return of persons to, and to persons returned from,—  
(a)  a treaty State, subject to a declaration under section 3, if any; and 
(b)  a foreign State not being a treaty State, subject to a direction under section 4.  
 2. Definitions. —(1) In this Act, unless there is anything repugnant in the subject or context,—  
(a)  “extradition offence” means an offence the act or omission constituting which 
falls within any of the descriptions set out in the Schedule and, if it took place 
within, or within the jurisdiction of, Pakistan , would constitute an offence 
against the law of Pakistan and also—  
(i)  in the case of a treaty State, an offence a person accused of which is, 
under the extradition treaty with that State, to be returned to or from that 
State; and  
(ii)  in the case of a foreign State not being a treaty State, an offence specified 
in a direction issued under section 4;  
(b)  “extradition treaty” means a treaty or agreement between Pakistan and a foreign 
State for the extradition to or from such State of a person accused or convicted 
of an extradition offence;  
(c)  “foreign State” includes every constituent part , colony or dependency of such 
State;  
 
 
 
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(d)  “fugitive offender ” means the person who, being accused or convicted of an 
extradition offence is, or is suspected to be, in any part of Pakistan;  
(e)  “prescribed” means prescribed by rules made under this Act;  
(f)  “treaty State” means a foreign State with which an extradition treaty is for the 
time being in operation.  
 (2) In determining for the purposes of this Act whether an offence against the law of a foreign 
State falls within a description set out in the Schedule, any special intent or state of mind or special 
circumstances of aggravation which may be necessary to constitute that offence under the law shall be 
disregarded.  
 3. Treaty State. —(1) As soon as may be after the commencement of this Act, the Federal 
Government shall publish in the official Gazette a list of the foreign States with which an extradition 
treaty is in operation, specifying in respect of each such State the offences persons accused of which 
are, under the treaty, to be returned to or from that State.  
 (2) Whenever there is concluded an extradition treaty between Pakistan and a foreign State, the 
Federal Government may, by notification in the official Gazette, declare such State to be a treaty State 
for the purposes of this Act.  
 (3) A declaration under sub-section (2) in relation to a foreign s tate shall specify the offences 
persons accused of which are, under the extradition treaty with that State, to be returned to or from that 
State and may provide that this Act shall apply in relation to that State with such modification as may 
be set out therein; and the provisions of this Act shall have effect accordingly.  
 4. Application of Act to non-treaty States.—(1) Where the Federal Government considers it 
expedient that the persons who, being accused or convicted of offences at places within, or within the 
jurisdiction of, a foreign State, are or are suspected to be in Pakistan should be returned to the State, 
notwithstanding that there is no extradition treaty with that State, it may, by notification in the official 
Gazette, direct that the provisions of this Act shall, with respect to such offences and subject to such 
modifications, exceptions, conditions and qualifications, if any, as may be specified therein, have effect 
in relation to that State.  
 (2) Where a direct ion under sub -section (1) in relation to a foreign State is in force, the 
provisions of this Act shall, with respect to the offences specified in that direction, have effect in 
relation to such State as if it were a treaty State.  
CHAPTER II 
 
SURRENDER OF FUGITIVE OFFENDERS 
 5. Liability of fugitive offenders to be surrendered. —(1) Subject to the provisions of sub -
section (2), every fugitive offender shall be liable to be apprehended and surrendered in the manner 
provided in this Act, whether the offence in respect of which his surrender is sought was committed 
before or after the commencement of this Act and whether or not a court in Pakistan has jurisdiction 
to try that offence.  
 (2) No fugitive offender shall be surrendered—  
(a)  if the offence in respect of which his surrender is sought is of a political 
character or if it i s shown to the satisfaction of the Federal Government or of 
 
 
 
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the Magistrate or court before whom he may be produced that the requisition 
for his surrender has, in fact, been made with a view to his being tried or 
punished for an offence of a political character;  
(b)  if the offence in respect of which his surrender is sought is not punishable with 
death or with imprisonment for life or a term which is not less than twelve 
months;  
(c)  if the prosecution for the offence in respect of which the surrender is sought is, 
according to the law of the State asking for the surrender, barred by time;  
(d)  if there is no provision in the law of, or in the extradition treaty with, the State 
asking for the surrender that the fugitive offender shall not, until he has be en 
restored or has had an opportunity of returning to Pakistan, be detailed or tried 
in that State for any offence committed prior to his surrender, other than the 
extradition offence proved by the facts on which the surrender is based;  
(e)  if it appears  to the Federal Government that he is accused or alleged to have 
been convicted of such an offence that if he were charged with that offence in 
Pakistan he would be entitled to be discharged under any law relating to 
previous acquittal or conviction ;  
(f)  if he has been accused of some offence in Pakistan, not being the offence for 
which his surrender is sought, or is undergoing sentence under any conviction 
in Pakistan, until after he has been discharged, whether by acquittal or on the 
expiration of his sentence or otherwise; 
(g)  if it is shown to the satisfaction of the Federal Government or of the Magistrate 
or court before whom he may be pr oduced that he might if surren dered be 
prejudiced at his trial or punished, detained or restricted in his persona l liberty 
by reason of his race, religion, nationality or political opinions.  
 6. Requisition for surrender of fugitive offender. A requisition for the surrender of a fugitive 
offender shall be made to the Federal Government—  
(a)  by a diplomatic representative in Pakistan of the State asking for the surrender; 
or 
(b) by the Government of the State asking for the surrender through the diplomatic 
representative of Pakistan in that State; or  
(c)  in such other manner as may have been sett led by arrangement between the 
Federal Government and the Government of the State asking for the surrender.  
 7. Order of Magisterial enquiry. Where a requisition is made under section 6, the 1[Secretary 
of the Division to which business of this Act stands allocated may, if he] thinks fit, issue  an  order  to  
 
 
1Subs. by Act No. XXI of 2025, s. 2.  
 
 
 
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enquire into the case to any Magistrate of the first class who would have had jurisdiction to enquire 
into the extradition offence to which the requisition relates if it had been an offence committed within 
the local limits of his jurisdiction.  
 8. Magisterial enquiry.—(1) On receipt of an order under section 7, the Magistrate shall issue 
a summon or a warrant for the arrest of the fugitive offender according as the case appears to be one 
in which according to the law of Pakistan a summon or warrant would ordinarily issue.  
 (2) When the fugitive offender appears or is brought before him, the Magistrate shall enquire 
into the case in the same manner, and have the same jurisdiction and powers, as nearly as may be, as 
if the case were one triable by a court o f session and shall take such evidence as may be produced in 
support of the requisition and on behalf of the fugitive offender, including any evidence to show that 
the offence of which the fugitive offender is accused or alleged to have been convicted is a n offence 
of a political character or is not an extradition offence.  
 9. Receipt in evidence of exhibits, depositions, etc.—(1) In any proceedings against a fugitive 
offender under this Act, exhibits and depositions, whether or not they are received or ta ken in the 
presence of the person against whom they are used, and copies thereof, and official certificates of facts 
and judicial documents stating facts, may, if duly authenticated, be received as evidence.  
 (2) Warrants, depositions or statements on oath which purport to have been issued, received or 
taken by any Court of Justice outside Pakistan, or copies thereof, and certificates of, or judicial 
documents stating the fact of, conviction before any such Court, shall be deemed duly authenticated—  
(a)  if the warrant purports to be signed by a Judge, Magistrate, or officer of the State 
where the same was issued or acting in or for such State;  
(b)  if the depositions or statements or copies thereof purport to be certified, under 
the hand of a Judge, Magistrate or officer of the State where the same were taken 
or acting in or for such State, to be the original depositions or statements or to 
be true copies thereof, as the case may require;  
(c)  if the certificate of, or judicial document stating the fact of, a conviction purports 
to be certified by a Judge, Magistrate or officer of the State where the conviction 
took place or acting in or for such State; and  
(d)  if the warrant, depositions, statements, copies, certificates and judicial 
documents, as the case may be, are authenticated by the oath of some witness or 
by the official seal of a minister of the State where the name were respectively 
issued, taken or given.  
 (3) For the purposes of this section, “warrant” includes any judicial document authorising the 
arrest of any person accused or convicted of an offence.  
 10. Magistrate to report after enquiry. If, after the enquiry under section 8, the Magistrate is 
of opinion—  
(a)  that a prima facie case has not been made out in support of the requisition for 
surrender of the fugitive offender, he shall discharge the fugitive offender and 
make a report to that effect to the Federal Government;  
 
 
 
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(b)  that a prima facie case has been made out in support  of such requisition, he 
shall—  
(i)  report the result of his enquiry to the Federal Government ;  
(ii)  forward, together with such report, any written statement which the 
fugitive offender may desire to submit for the consideration of the 
Federal Government; and  
(iii)  subject to any provision relating to bail, commit the fugitive offender to 
prison to await the orders of the Federal Government.  
 11. Removal and delivery of the fugitive offender. If, upon receipt of the report and statement 
under clause (b) of section 10, the Federal Government is of opinion that the fugitive offender ought 
to be surrendered, it may issue a warrant for the custody and removal of the fugitive offender and for 
his delivery at a place and to a person to be named in the warrant:  
Provided that the fugitive offender shall not be so delivered until after the expiration of fifteen 
days from the date he has been taken in custody under such warrant.  
 12. Discharge of person apprehended if not surrendered within two months. If a fugitive 
offender who, in pursuance of this Act, has been taken into custody to await his surrender, is not 
conveyed out of Pakistan within two months after such committal, the High Court, upon application 
made to it by or on behalf of the fugitive offender and upon proof that reasonable notice of the intention 
to make such application has been given to the Federal Government, may order such prisoner to be 
discharged unless sufficient cause is shown to the contrary.  
 13. Power to the Federal Government to discharge a fugitive offender. If it appears to the 
Federal Government that by reason of the trivial nature of the case or by reason of the application for 
the surrender of a fugitive offender not being made in good faith or in the interest of justice or for any 
other reason it would be unjust or inexpedient to surrender the fugitive offender, it may, by order, at 
any time stay the proceedings under this Act against him and direct any summons or warrant issued 
under this Act to be cancelled and the fugitive offender, if he is in custody or under detention, to be 
discharged.  
 14. Simultaneous requisition s. If requisitions for the surrender of a fugitive offender are 
received from more than one treaty State, the Federal Government may, having regard to  the 
circumstances of the case, surrender the fugitive offender to such State as it may think fit.  
CHAPTER III 
 
SURRENDER TO PAKISTAN OF PERSONS ACCUSED OF EXTRADITION OFFENCES 
 15. Requisition for surrender of persons to Pakistan. A requisition for the surrender to 
Pakistan of a person who, being accused or convicted of an extradition offence, is or is suspected to be 
in a treaty State may be made by the Federal Government—  
(a)  to the diplomatic representative in Pakistan of that State;  
(b)  to the Government of that State through th e diplomatic representative of  
Pakistan in that State; or  
 
 
 
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(c)  in such other manner as may have been sett led by arrangement between the 
Federal Government and the Government of that State.  
 16. A person surrendered by a treaty State not to be tried for previous offence. A person 
surrendered by a treaty State in pursuance of a requisition under section 15 shall not, until he has been 
restored or ha s had an opportunity of returning to that State, be tried in Pakistan for an offence 
committed prior to the surrender, other than the extradition offence proved by the facts on which the 
surrender is based.  
 17. Return of the persons surrendered to Pakistan. The Federal Government may, if it thinks 
fit, on the request of a person surrendered to Pakistan in pursuance of a requisition under section 15, 
arrange for him to be sent back at the cost of the Federal Government and with as little delay as possible 
to the State by which he was so surrendered if—  
(a)  proceedings against him for the offence for which he was surrendered are not 
begun within the period of six months from the day of his arrival in Pakistan; or  
(b)  he is acquitted or discharged on his trial for that offence.  
 
CHAPTER IV  
 
MISCELLANEOUS 
 18. Jurisdiction as to offences committed at sea or in air. Where the offence in respect of 
which the surrender of a fugitive offender is sought was committed on board any vessel on the high 
seas or any  aircraft in the air outside Pakistan or the Pakistan territorial waters and such vessel or 
aircraft comes into any port or aerodrome of Pakistan with the fugitive offender on board, the Federal 
Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers 
conferred on it or him by this Act.  
 19. Release of persons arrested on bail. The provisions of the C ode of Criminal Procedure, 
1898 (Act V of 1898), relating to bail shall apply to a fugitive offender arrested or detained under this 
Act in the same manner as they would apply if he were accused of committing in Pakistan the offence 
of which he is accused or has been convicted; and in relation to such bail the Magistrate before whom 
he is brought shall have, as far as may be, the same powers and jurisdiction as a court of session under 
that Code.  
 20. Property found on fugitive offender. Everything found in the possession of a fugitive 
offender at the time of his arrest which may be material as evidence in proving the extradition offence 
may be delivered up with the fugitive offender on his surrender, subject to the rights, if any, of third 
parties with respect thereto.  
 21. Lawfulness of custody and re-taking under warrant issued under Act. It shall be lawful 
for any person to whom a warrant is directed in pursuance of the provisions of this Act to receive, hold 
in custody and convey the fugitive offender mentioned in the warrant to the place named in the warrant, 
and, if such offender escapes out of any custody to which he may be delivered in pursuance of such 
warrant, he may be re-taken as a person accused of an offence against the law of Pakistan may be re -
taken upon an escape.  
 22. Power to make rul es.___(1) The Federal Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Act.  
 
 
 
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 (2) In particular and without prejudice to the generality of the foregoing power, such rules may 
provide for all or any of the following matters, namely:—  
(a)  the form in which a requisition for the surrender of a fugitive offender may be 
made;  
(b)  the removal of fugitive offenders apprehended or in custody under this Act and 
their control and maintenance until such time as they are handed over to the 
persons entitled to receive them;  
(c)  the seizure and disposition of any property which is the sub ject of, or required 
for proof of, any alleged offence with respect to which this Act applies; and  
(d)  the form and manner in which the Magistrate may be required to make his report 
to the Federal Government under this Act.  
 23. Power to amend the Sched ule. The Federal Government may, by notification in the 
official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.  
 24. 1[Omitted]  
THE SCHEDULE 
 
[See section 2 (1) (a)] 
 
EXTRADITION OFFENCES 
1.  Culpable homicide.  
2.  Maliciously or wilfully wounding or inflicting grievous bodily harm.  
3.  Rape.  
4.  Procuring or trafficking in women or young persons for immoral purposes.  
5.  Kidnapping, abduction or false imprisonment or dealing in slaves.  
6.  Stealing, abandoning, exposing or unlawfully detaining a child.  
7.  Bribery.  
8.  Perjury or subornation of perjury or conspiring to defeat the course of justice.  
9.  Arson.  
10.  An offence concerning counterfeit currency.  
11.  An offence against the law relating to forgery.  
12.  Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property 
or credit by false pretences, receiving stolen property or any other offence in respect of property 
involving fraud.  
1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and II Sch. 
 
 
 
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13.  Burglary, house-breaking or any similar offence.  
14.  Robbery.  
15.  Blackmail or extortion by means of threats or by abuse of authority.  
16.  An offence against bankruptcy law or company law.  
17.  Malicious or wilful /damage to property.  
18.  Acts done with the intention of endangering vehicles, vessels or aircraft.  
19. An offence against the law relating to dangerous drugs or narcotics.  
20.  Piracy.  
21.  Revolt against the authority of the master of a ship or the commander of an aircraft.  
22.  Contravention of import or export prohibitions relating to precious stones, gold and other 
precious metals.  
1[22.A Illicit dealing in arms, ammunition or explosive material used in their production]  
23.  Aiding and abetting, or counse lling or procuring the commission of, or being an accessory 
before or after the fact to, or attempting or conspiring to commit, any of the aforesaid offences.  
 2[24.  Financing for terrorism,]  
3[25.  Money Laundering]  
 
_______________ 
 
 
 
 
 
 
          RGN Dated.04-09-2025 
103635            
1Ins. by S.R.O. No. 67(KE)/98, dated the 11-2-1998 see Gaz. of P. 1998 Ext., Pt-II, p. 477. 
2Added by S.R.O. 1051(1)/08, dated: 08-10-2008.  
3Added by S.R.O. 246 (I)/2009, dt: 16-3-2009.