Extradition Act, 1965

Re-extradition to a third country.

[Art. 15]

21.—(1) Extradition shall not be granted unless provision is made by the law of the requesting country or by the extradition agreement that that country shall not surrender to another country a person surrendered to the requesting country and sought by the other country for an offence committed before his surrender to the requesting country, except in the following cases—

(a) with the consent of the Minister, or

(b) where that person, having had an opportunity to leave the territory of that country, has not done so within forty-five days of his final discharge in respect of the offence for which he was extradited or has returned to the territory of that country after leaving it.

(2) Before acceding to a request for consent to the extradition of a person to whom subsection (1) applies, the Minister may request the production of the documents mentioned in section 25.

(3) A person who has been surrendered to the State by a requested country shall not be surrendered to a third country for an offence committed before his surrender, except in the following cases—

(a) with the consent of the requested country signified under the seal of a minister of state of that country, which seal shall be judicially noticed, or

(b) where that person, having had an opportunity to leave the State, has not done so within forty-five days of his final discharge in respect of the offence for which he was surrendered to the State or has returned to the State after leaving it.