.[(1)] [[Section 31 renumbered

as sub-Section (1) thereof and sub-Section (2) inserted by Act 66 of 1993,

Section 16 (w.e.f. 18.12.1993).]] A fugitive criminal shall not be surrendered or returned to a foreign State [- - -] [[The

).]]

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 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;

if prosecution for the offence in respect of which his surrender is sought is according to the law of that State [- - -] [[The words "or commonwealth country" omitted

by Act 16 of 1993, Section 3 (w.e.f. 18.12.1993).]], barred

the extradition offence in relation to which he is to be surrendered or returned;

any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made; or

the offence in respect of which the Central Government has given its

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 on expiration of his sentence or otherwise;

until after the expiration of fifteen days from the date of his being committed to prison by the Magistrate.

(2)

[ For the

purposes of sub-section (1), the offences specified in the Schedule shall not be regarded as offences of a political character.

(3)

The Central Government having regard to the extradition treaty made by India with any foreign State may, by notified order, add or omit any offence from the list given in the