(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.

(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;

(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.

(1) Subject to the provisions of sub-section (2), every fugitive offender shall be liable to be apprehended and surrendered in the manner provided in this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act and whether or not a Court in Bangladesh has jurisdiction to try that offence.
(2) No fugitive offender shall be surrendered,-
(a) if the offence in respect of which his surrender is sought is of a political character or if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that the requisition for his surrender has, in fact, been made with a view to his being tried or punished for an offence of a political character;
(h) if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

If a fugitive offender who, in pursuance of this Act, has been taken into custody to await his surrender, is not conveyed out of Bangladesh within two months after such committal, the High Court Division upon application made to it by or on behalf of the fugitive offender and upon proof that reasonable notice of the intention to make such application has been given to the Government may order such prisoner to be discharged unless sufficient cause is shown to the contrary.

If it appears to the Government that by reason of the trivial nature of the case or by reason of the application for the surrender of a fugitive offender not being made in good faith or in the interest of justice or for any other reason, including unreasonable delay on the part of the state asking for the surrender to receive delivery of the fugitive offender, it would be unjust or inexpedient to surrender the fugitive offender, it would be unjust or inexpedient to surrender the fugitive offender, it may, by order, at any time stay the proceedings under this Act against him and direct any summons or warrant issued under this Act to be cancelled and the fugitive offender, if he is in custody or under detention, to be discharged.