{ "schema_version": "qanun-law-text/1", "id": "punjab-code-8ad01ba53cad381c", "title": "EXTRADITION ACT, 1972", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/V2IGNAI1UGA-", "version": null, "source_snapshot": "2026-08-06T16:33:15Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "f8066887df0fb97291791fd76c2cb6698e19adb6a2f3ee5f6b87b90bcf3fad65", "source_sha256": "f8066887df0fb97291791fd76c2cb6698e19adb6a2f3ee5f6b87b90bcf3fad65", "text_version_id": "law:punjab-code-8ad01ba53cad381c:sha256:f8066887df0fb97291791fd76c2cb6698e19adb6a2f3ee5f6b87b90bcf3fad65", "quality_flags": [], "encoding": "UTF-8", "text": "THE EXTRADITION ACT, 1972 \r\n(XXI of 1972) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent commencement and application \r\n2. Definitions \r\n3. Treaty State \r\n4. Application of Act to non-treaty States \r\nCHAPTER II \r\nSURRENDER OF FUGITIVE OFFENDERS \r\n5. Liability of fugitive offenders to be surrendered \r\n6. Requisition for surrender of fugitive offender \r\n7. Order of Magisterial enquiry \r\n8. Magisterial enquiry \r\n9. Receipt in evidence of exhibits, depositions, etc \r\n10. Magistrate to report after the enquiry \r\n11. Removal and delivery of the fugitive offender \r\n12. Discharge of person apprehended if not surrendered within two months \r\n13. Powers to the Federal Government to discharge a fugitive offender \r\n14. Simultaneous requisitions \r\nCHAPTER III \r\nSURRENDER TO PAKISTAN OF PERSONS ACCUSED OF EXTRADITION \r\nOFFENCES \r\n15. Requisition for surrender of persons to Pakistan \r\n16. A person surrendered by a treaty State not to be tried for previous \r\noffence \r\n17. Return of the persons surrendered to Pakistan \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n18. Jurisdiction as to offences committed at sea or in air \r\n19. Release of persons arrested on bail \r\n20. Property found on fugitive offender \r\n21. Lawfulness of custody and re-taking under warrant issued under Act \r\n22. Power to make rules \r\n23. Power to amend the Schedule \r\n24. Repeal \r\nTHE SCHEDULE \r\nTEXT \r\nTHE EXTRADITION ACT, 1972 \r\n(XXI of 1972) \r\n[25th September, 1972] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to the extradition of fugitive offenders \r\nWhereas it is expedient to consolidate and amend the law relating to the \r\nextradition of fugitive offenders; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent commencement and applica tion.– (1) This Act may be \r\ncalled the Extradition Act, 1972. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on such date as the Federal Government may, \r\nby notification in the official Gazette, appoint. \r\n(4) It shall apply in relation to the return of persons to and to persons \r\nreturned from,– \r\n(a) a treaty State, subject to a declaration under section 3, if any ; and \r\n(b) a foreign State not being a treaty State, subject to a direction under \r\nsection 4. \r\n2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject \r\nor context.– \r\n(a) 'extradition offence' means an offence the act of omission constitution \r\nwhich falls within any of the descriptions set out in the Schedule and, if \r\nit took place within, or within the jurisdiction of Pakistan would \r\nconstitute an offence against the law of Pakistan and also– \r\n(i) in the case of treaty State, an offence a person acc used of \r\nwhich is, under the extradition treaty with that State, to be \r\nreturned to or from that State; and \r\n(ii) in the case of a foreign State not being a treaty State, an offence \r\nspecified in a direction issued under section 4; \r\n(b) 'extradition treaty' means a treaty or agreement between Pakistan and \r\na foreign State for the extradition to or from such State of a person \r\naccused or convicted of an extradition offence ; \r\n(c) 'foreign State' includes every constituent part, colony or dependency of \r\nsuch State ; \r\n(d) 'fugitive offender' means the person who, being accused or convicted \r\nof an extradition offence is, or is suspected to be, in any part of \r\nPakistan; \r\n(e) 'prescribed' means prescribed by rules made under this Act; \r\n(f) 'treaty State' means a foreign State w ith which an extradition treaty is \r\nfor the time being in operation. \r\n(2) In determining for the purposes of this Act whether an offence against \r\nthe law of a foreign State falls within a description set out in the Schedule, any \r\nspecial intent or state or mind or special circumstances of aggravation which may be \r\nnecessary to constitute that offence under the law shall be disregarded. \r\n3. Treaty State.– (1) As soon as may be after the commencement of this Act, \r\nthe Federal Government shall publish in the official Gazette a list of the foreign State \r\nwith which an extradition treaty is in operation, specifying in respect of each such \r\nState the offences persons accused of which are, under the treaty, to be returned to \r\nor from that State. \r\n(2) Whenever there is conclud ed an extradition treaty between Pakistan \r\nand a foreign State, the Federal Government may, by notification in the official \r\nGazette, declare such State to be a treaty State for the purposes of this Act. \r\n(3) A declaration under subsection (2) in relation to foreign State shall \r\nspecify the offences persons accused of which are, under the extradition treaty with \r\nthat State, to be returned to or from that State and may provide that this Act shall \r\napply in relation to that State with such modification as may be s et out therein ; and \r\nthe provision of this Act shall have effect accordingly. \r\n4. Application of Act to non -treaty States .– (1) Where the Federal; \r\nGovernment considers it expedient that the persons who, being accused or \r\nconvicted of offence at places within , or within the jurisdiction of, a foreign State, are \r\nor are suspected to be in Pakistan should be returned to that State, notwithstanding \r\nthat there is no extradition treaty with that State, it may, by notification in the official \r\nGazette, direct that the provisions of this Act, shall, with respect to such offences and \r\nsubject to such modifications, exceptions, conditions and qualifications, if any, as \r\nmay be specified therein, have effect in relation to that State. \r\n(2) Where a direction under subsection ( 1) in relation to a foreign State is \r\nin force, the provisions of this Act shall, with respect to the offences specified in that \r\ndirection, have effect in relation to such State as if it were a treaty State. \r\nCHAPTER II \r\nSURRENDER OF FUGITIVE OFFENDERS \r\n5. Liability of fugitive offenders to be surrendered .– (1) Subject to the \r\nprovisions of subsection (2), every fugitive offender shall be liable to be apprehended \r\nand surrendered in the manner provided in this Act, whether the offence in respect of \r\nwhich his surr ender is sought was committed before or after the commencement of \r\nthis Act and whether or not a Court in Pakistan has jurisdiction to try that offence. \r\n(2) No fugitive offender shall be surrendered– \r\n(a) if the offence in respect of which his surrender is s ought is of a political \r\ncharacter or if it is shown to the satisfaction of the Federal Government \r\nor of the Magistrate or Court before whom he may be produced that the \r\nrequisition for his surrender has, in fact, been made with a view to his \r\nbeing tried or punished for an offence of a political character; \r\n(b) if the offence in respect of which his surrender is sought is not \r\npunishable with death or with imprisonment for life or a term which is \r\nnot less than twelve months ; \r\n(c) if the prosecution for the offe nce in respect of which the surrender is \r\nsought is, according to the law of the State asking for the surrender, \r\nbarred by time; \r\n(d) if there is no provision in the law of, or in the extradition treaty with, the \r\nState asking for the surrender that the fugit ive offender shall not, until \r\nhe has been restored or has had an opportunity of returning to \r\nPakistan, be detained or tried in that State for any offence committed \r\nprior to his surrender, other than the extradition offence proved by the \r\nfacts on which the surrender is based ; \r\n(e) if it appears to the Federal Government that he is accused or alleged to \r\nhave been convicted of such no offence that if he were charged with \r\nthat offence in Pakistan he would be entitled to be discharged under \r\nany law relating to previous acquittal or conviction ; \r\n(f) if he has been accused of some offence in Pakistan, not being the \r\noffence for which his surrender is sought, or is undergoing sentence \r\nunder any conviction in Pakistan, until after he has been discharged, \r\nwhether by acquittal or on the expiration of his sentence or otherwise ; \r\n(g) if it is shown to the satisfaction of the Federal Government or of the \r\nMagistrate or Court before whom he may be produced that he might if \r\nsurrendered by prejudiced at his trial or punished, detained or \r\nrestricted in his personal liberty by reason of his race, religion, \r\nnationality or political opinions. \r\n6. Requisition for surrender of fugitive offender .– A requisition for the \r\nsurrender of a fugitive offender shall be made to the Federal Government:– \r\n(a) by a diplomatic representative in Pakistan of the State asking for the \r\nsurrender; or \r\n(b) by the Government of the State asking for the surrender through the \r\ndiplomatic representative of Pakistan in that State ; or \r\n(c) in such other manner as ma y have been settled by arrangement \r\nbetween the Federal Government and the Government of the State \r\nasking for the surrender. \r\n7. Order of Magisterial enquiry.– Where a requisition is made under section 6, \r\nthe Federal Government may, if it thinks fit, issue an order to enquire into the case to \r\nany Magistrate of the First Class who would have had jurisdiction to enquire into the \r\nextradition offence to which the requisition relates if it had been an offence \r\ncommitted within the local limits of his jurisdiction. \r\n8. Magisterial enquiry .– (1) On receipt of an order under section 7, the \r\nMagistrate shall issue a summon or a warrant for the arrest of the fugitive offender \r\naccording as the cause appears to be one in which according to the law of Pakistan \r\na summon or warrant would ordinarily issue. \r\n(2) When the fugitive offender appears or is brought before him, the \r\nMagistrate shall enquire into the case in the same manner, and have the same \r\njurisdiction and powers, as nearly as may be, as if the case were one triable by a \r\nCourt of Session and shall take such evidence as may be produced in support of the \r\nrequisition and on behalf of the fugitive offender, including any evidence to show that \r\nthe offence of which the fugitive offender is accused or alleged to have been \r\nconvicted is an offence of a political character or is not an extradition offence. \r\n9. Receipt in evidence of exhibits, depositions, etc .– (1) In any proceedings \r\nagainst a fugitive offender under this Act, exhibits and depositions, whether or not \r\nthey are received or taken in the presence of the person against whom they are \r\nused, and copies thereof, and official certificates of facts and judicial d ocuments \r\nstating facts, may, if duly authenticated, be received as evidence. \r\n(2) Warrants, depositions or statements on oath which purport to have \r\nbeen issued, received or taken by any Court of Justice outside Pakistan, or copies \r\nthereof, and certificates of, or judicial documents stating the fact of, conviction before \r\nany such Court, shall be deemed duly authenticated– \r\n(a) if the warrant purports to be signed by a Judge, Magistrate, or officer of \r\nthe State where the same was issued or acting in or for such State ; \r\n(b) if the depositions or statements or copies thereof purport to be certified, \r\nunder the hand of a Judge, Magistrate or officer of the State where the \r\nsame were taken or acting in or for such State to be the original \r\ndepositions or statements or to be true copies thereof, as the case may \r\nrequire; \r\n(c) if the certificate of, or judicial document stating the fact of, a conviction \r\npurports to be certified by a Judge, Magistrate or officer of the State \r\nwhere the conviction took place or acting in or for such State ; and \r\n(d) if the warrant depositions, statements, copies, certificates and judicial \r\ndocuments, as the case may be, are authenticated by the oath of some \r\nwitness or by the official seal of a minister of the State where the same \r\nwere respectively issued, taken or given. \r\n(3) For the purpose of the section, 'warrant' includes any judicial document \r\nauthorizing the arrest of any person accused or convicted of an offence. \r\n10. Magistrate to report after the enquiry.– lf, after the enquiry under section 8, \r\nthe Magistrate is of opinion– \r\n(a) that a prima facie case has not been made out in support of the \r\nrequisition for surrender of the fugitive offender, he shall discharge the \r\nfugitive offender and make a report to that effect to the Federal \r\nGovernment; \r\n(b) that a prima facie case has been made out in support of such \r\nrequisition, be shall– \r\n(i) report the result of his enquiry to the Federal Government \r\n(ii) forward, together with such report, any written statement which \r\nthe fugitive offender may desire to submit for the consideration \r\nof the Federal Government; and \r\n(iii) subject to any provision relating to bail, commit the fugitive \r\noffender to prison to await the orders of the Federal \r\nGovernment. \r\n11. Removal and delivery of the fugitive offender.– If upon receipt of the report \r\nand statement under clause (b) of section 10, the Federal Government is of opinion \r\nthat the fugitive offender ought to be surrendered, it may issue a warrant for the \r\ncustody and removal of the fugitive offender and for his delivery at a place and to a \r\nperson to be named in the warrant: \r\nProvided that the fugitive offender shall not be so delivered until after the \r\nexpiration of fifteen days from the date he has been taken in custody under such \r\nwarrant. \r\n12. Discharge of person apprehended if not surrendered wit hin two \r\nmonths.– If a fugitive offender who, in pursuance of this Act, has been taken into \r\ncustody to await his surrender is not conveyed out of Pakistan within two months \r\nafter such committal, the High Court, upon application made to it by or on behalf of \r\nthe fugitive offender and upon proof that reasonable notice of the intention to make \r\nsuch application has been given to the Federal Government, may order such \r\nprisoner to be discharged unless sufficient cause is shown to the contrary. \r\n13. Powers to the Federal Government to discharge a fugitive offender .– If it \r\nis appears to the Federal Government that by reason or the trivial nature of the case \r\nof by reason of the application for the surrender of a fugitive offender not being made \r\nin good faith or in the interest of justice or for any other reason it would be unjust or \r\ninexpedient to surrender the fugitive offender, it may, by order, at any time stay the \r\nproceedings under this Act, against him and direct any summons or warrant issued \r\nunder this Act, to be cancelled and the fugitive offender, if he is in custody or under \r\ndetention, to be discharged. \r\n14. Simultaneous requisitions .– If requisiti ons for the surrender of a fugitive \r\noffender are received from more than one treaty State, the Federal Government \r\nmay, having regard to the circumstances of the case, surrender the fugitive offender \r\nto such State as it may think fit. \r\nCHAPTER III \r\nSURRENDER TO PAKISTAN OF PERSONS ACCUSED \r\nOF EXTRADITION OFFENCES \r\n15. Requisition for surrender of persons to Pakistan .– A requisition for the \r\nsurrender to Pakistan of a person who, being accused or convicted of an extradition \r\noffence, as or is suspected to be in treaty State may be made by the Federal \r\nGovernment– \r\n(a) to the diplomatic representative in Pakistan of that State; \r\n(b) to the Government of that State through the diplomatic representative \r\nof Pakistan in that State ; or \r\n(c) in such other manner as may have been settled by arrangement \r\nbetween the Federal Government and the Government of that State. \r\n16. A person surrendered by a treaty State not to be tried for previous \r\noffence.– A person surrendered by a treaty State in pursuance of a requisition under \r\nsection 15 shall not, until he has been restored or has had an opportunity of \r\nreturning to that State, be tried in Pakistan for an offence commit ted prior to the \r\nsurrender, other than the extradition offence proved by the facts on which the \r\nsurrender is based. \r\n17. Return of the persons surrendered to Pakistan.– The Federal Government \r\nmay, if it thinks fit, on the request of a person surrendered to Pakistan in pursuance \r\nof a requisition under section 15, arrange for him to be sent back at the cost of the \r\nFederal Government and with as little delay as possible to the State by which he was \r\nso surrendered if– \r\n(a) proceedings against him for the offence for which he has surrendered \r\nare not begun within the period of six months from the day of his arrival \r\nin Pakistan; or \r\n(b) he is acquitted or discharge on his trial for that offence. \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n18. Jurisdiction as to offences committed at sea or in air .– Where the offence \r\nin respect of which the surrender of a fugitive offender is sought was committed on \r\nboard any vessel on the high seas or any aircraft in the air outside Pakistan or the \r\nPakistan territorial waters and such vessel or aircraft comes into any port or \r\naerodrome of Pakistan with the fugitive offender on board, the Federal Government \r\nand any Magistrate having jurisdiction in such port or aerodrome may exercise the \r\npowers conferred on it or him by this Act. \r\n19. Release of persons arrested on bail .– The pr ovisions of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898), relating to bail shall apply to a fugitive \r\noffender arrested or detained under this Act in the same manner as they would apply \r\nif he were accused of committing in Pakistan the offence of whi ch he is accused or \r\nhas been convicted; and in relation to such bail the Magistrate before whom he is \r\nbrought shall have, as far as may be, the same powers and jurisdiction as a Court of \r\nSession under that Code. \r\n20. Property found on fugitive offender.– Everything found in the possession of \r\na fugitive offender at the time of his arrest which may be material as evidence in \r\nproving the extradition offence may be delivered up with the fugitive offender on his \r\nsurrender, subject to the rights, if any, of third parties with respect thereto. \r\n21. Lawfulness of custody and re-taking under warrant issued under Act.– It \r\nshall be lawful for any person to whom a warrant is directed in pursuance of the \r\nprovisions of this Act to receive, hold in custody and convey the fugitive offender \r\nmentioned in the warrant to the place named in the warrant, and, if such offender \r\nescapes out of any custody to which he may be delivered in pursuance of such \r\nwarrant, he may be re -taken as a person accused of an offence against the law of \r\nPakistan may be re-taken upon an escape. \r\n22. Power to make rules .– (1) The Federal Government may, by notification in \r\nthe official Gazette, make rules for carrying out the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely. \r\n(a) the form in which a requisition for the surr ender of a fugitive offender \r\nmay be made ; \r\n(b) the removal of fugitive offenders apprehended or in custody under this \r\nAct and their control and maintenance until such time as they are \r\nhanded over to the persons entitled to receive them ; \r\n(c) the seizure an d disposition of any property which is the subject of, or \r\nrequired for proof of, any alleged offence with respect to which this Act \r\napplies; and \r\n(d) the form and manner in which the Magistrate may be required to make \r\nhis report to the Federal Government under this Act. \r\n23. Power to amend the Schedule .– The Federal Government may, by \r\nnotification in the official Gazette, amend the Schedule so as to add any entry \r\nthereto or modify or omit any entry therein. \r\n24. Repeal.– The Extradition Act, 1903 (XV of 1903), is hereby repealed. \r\nTHE SCHEDULE \r\n[See section 2 (1) (a)] \r\nEXTRADITION OFFENCES \r\n1. Culpable homicide. \r\n2. Maliciously or wilfully wounding grievous bodily harm. \r\n3. Rape. \r\n4. Procuring or trafficking in women or young persons for immoral purposes. \r\n5. Kidnapping, abduction or false imprisonment or dealing in slaves. \r\n6. Bribery. \r\n7. Perjury or subornation of perjury or conspiring to defeat the course of justice. \r\n8. Arson. \r\n9. An offence concerning counterfeit currency. \r\n10. An offence against the law relating to forgery \r\n11. Stealing embezzlement, fraudulent conversion, fraudulent false accounting, \r\nobtaining property or credit by false pretences receiving stolen] property or \r\nany other offence in respect of property involving fraud. \r\n12. Burglary, house-breaking or any similar offence. \r\n13. Robbery. \r\n14. Blackmail or extortion by means of threats or by abuse of authority. \r\n15. An offence against bankruptcy law or company law. \r\n16. Malicious or wilful/damage to property. \r\n17. Acts done with the intention of endangering vehicles, vessels or aircraft. \r\n18. An offence against the law relating to dangerous drugs or narcotics. \r\n19. Piracy. \r\n20. Revolt against the authority of the master of a ship or the commander of an \r\naircraft. \r\n21. Contravention of import or export prohibitions relating to precious stones, gold \r\nand other precious metals. \r\n22. Aiding an abetting or counseling or procuring the commission of, or being and \r\naccessory before or after the fact to, or attempting or conspiring to commit, \r\nany of the aforesaid offences. \r\n1\r\n[22-A] Illicit dealing in arms, ammunition or explosive material used in their \r\nproduction. \r\n \r\n1S. No. 22-A added by Notification NO. 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