THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 441
Section 10
Magistrates in British India may, of their own motion and without requisition, issue warrant of arrest on satisfactory information, or complaint, and surrender the offender to the State within whose jurisdiction he has committed the offence.
N . B . —This Act is subject to treaty rights and the special provisions for extradition conserved by them.
Extradition is governed by the Extradition Act
(b) Foreign State.—The scene of offence.
In the case of a Foreign State to which English Extradition applies, the offender may be surrendered on requisition to such foreign State. Provided :
(i) The Government of India or the Local Government thinks fit,
(ii) If the offence is one mentioned in the 1st Schedule of the Indian Extradition Act, and
(iii) If the offence is not of a political nature.
(c) Dominions. The scene of offence.
Extradition is governed partly
(i) by the Fugitive Offender’s Act, 1881 (Parliamentary Statute) and partly.
(ii) by the Indian Extradition Act.
All criminal jurisdiction is local: the jurisdiction of the crime belongs to the country where the crime is committed.
L.R. (1891) A. C. 458.
Crime is purely local i. e. depends on the law of the place in which it is committed, and not on nationality of the person who commits it.
L.R. (1894) A.C.670.
British Indian Courts have no jurisdiction to try a foreigner for offences committed and completed outside British territory. No foreign subject can be tried in British India for an offence committed outside British India. 28 All 372 :2 Bombay. L. R. 337. Where a subject of the Native State committed theft in that State, and was subsequently found in British India in possession of the stolen property, the British Indian Court had no jurisdiction to try him for the offence of theft. It had however jurisdiction to try him for retaining stolen property. 10 Bombay 186.