The Extradition Act,1962
31. Restrictions on surrender.
A fugitive criminal shall not be surrendered or returned to a foreign State or commonwealth country-
(a) If the offence in respect of which his surrender is sought is of a political character or if he proves to the satisfaction of the magistrate or court before whom the he may be produced or of the Central Government that the requisition or warrant for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character;
(b) If prosecution for the offence in respect of which his surrender is sought is according to the law of that State or country barred by time;
(c) Unless provision is made by the law of the foreign State or commonwealth country or in the extradition treaty with the foreign State or extradition arrangement with the commonwealth country, that the fugitive criminal shall not, until he has been restored or has had an opportunity of returning to India, be detained or tried in that State or country for any offence committed prior to his surrender or return , other than the extradition offence proved by; the facts on which his surrender or return is based;
(d) If he has been accused of some offence in India, not being the offence for which his surrender or return is sought or is undergoing sentence under any conviction in India until after he has been discharged whether by acquittal or an expiration of his sentence or otherwise;
(e) Until after the expiration of fifteen days from the date of his being committed to prison by the magistrate.
