Section 8

if the offence in respect of which his return is sought is of a political character or he proves to the satisfaction of the Sessions Court before which he is brought or of the

11

Extradition

Minister that the warrant for his return has in fact been made with a view to try or punish him for an offence of a political character;

if the request for his surrender although purporting to be made for an extradition offence was in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions;

if he might be prejudiced at his trial or punished or imprisoned by reason of his race, religion, nationality or political opinions;

if prosecution for the offence in respect of which his return is sought is, according to the law of that country, barred by time;

unless provision is made by the law of that country, or in the extradition arrangement with that country, that a fugitive criminal who has not had a reasonable opportunity of leaving that country shall not be detained or tried in that country for any offence committed prior to his return, other than the extradition offence proved by the facts on which his surrender or return is based or any lesser offence proved by the facts on which that return was grounded unless the consent of the appropriate authority in the requested country has been obtained; or

unless provision is made by the law of that country, or in the extradition arrangement with that country, that a fugitive criminal who has not had a reasonable opportunity of leaving that country shall not be extradited to another country for trial or punishment for any offence that is alleged to have been committed or was committed before the fugitive criminal’s return to the first mentioned country unless the consent of the appropriate authority in the requested country has been obtained.

Exceptions to political offences