1. (1) This Act may be called the Extradition Act, 1974. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (3) It shall apply in relation to the return of persons to, and to persons returned from,-(a) a treaty State, subject to a declaration under section 3, if any; and(b) a foreign State not being a treaty State, subject to a direction under section 4.

2. (1) In this Act, unless there is anything repugnant in the subject or context,-(a) “extradition offence” means an offence the act or omission constituting which falls within any of the descriptions set out in the Schedule and, if it took place within, or within the jurisdiction of, Bangladesh would constitute an offence against the law of Bangladesh and also-(i) in the case of a treaty State, an offence a person accused of which is, under the extradition treaty with that State, to be returned to or from that State; and(ii) in the case of a foreign State not being a treaty State, an offence specified in a direction issued under section 4;(b) “extradition treaty” means a treaty or agreement between Bangladesh and a foreign State for the extradition to or from such State of a person accused or convicted of an extradition offence;(c) “foreign State” includes every constituent part, or dependency, of such State and any territory under the sovereignty or trusteeship of the State;(d) “fugitive offender” means the person who, being accused or convicted of an extradition offence is, or is suspected to be, in any part of Bangladesh;(e) “prescribed” means prescribed by rules made under this Act;(f) “treaty State” means a foreign State with which an extradition treaty is for the time being in operation. (2) In determining for the purposes of this Act whether an offence against the law of a foreign State falls within a description set out in the Schedule, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under the law shall be disregarded.

3. (1) As soon as may be after the commencement of this Act, the Government shall publish in the official Gazette a list of the foreign States with which an extradition treaty is in operation, specifying in respect of each such State the offences persons accused of which are, under the treaty, to be returned to or from that State. (2) Whenever there is concluded an extradition treaty between Bangladesh and a foreign State, the Government may, by notification in the official Gazette, declare such State to be a treaty State for the purposes of this Act. (3) A declaration under sub-section (2) in relation to a foreign State shall specify the offences persons accused of which are, under the extradition treaty with that State, to bereturned to or from that State and may provide that this Act shall apply in relation to that State with such modifications, exceptions, conditions and qualifications, if any, as may be set out therein; and the provisions of this Act shall have effect accordingly.

4. (1) Where the Government considers it expedient that the persons who, being accused or convicted of offences at places within, or within the jurisdiction of, a foreign State, are or are suspected to be in Bangladesh should be returned to that State, notwithstanding that there is no extradition treaty with that State, it may, by notification in the official Gazette, direct that the provisions of this Act shall, with respect to such offences and subject to such modifications, exceptions, conditions and qualifications, if any, as may be specified therein, have effect in relation to that State. (2) Where a direction under sub-section (1) in relation to a foreign State is in force, the provisions of this Act shall, with respect to the offences specified in that direction, have effect in relation to such State as if it were a treaty State.