You are viewing the translated version of सपुर्दगी गर्न इन्कार गरिने अवस्था.

Section 5
Refusal to extradite

Notwithstanding anything contained in section 3, no fugitive accused or offender shall be extradited in the following cases:-

(a) If the offense committed by the fugitive accused or offender is of a political nature; ,

(b) If action has been taken or is likely to be taken in relation to any offense on the basis of caste, caste, caste, religion, nationality or political ideology,

(c) Caste, caste, caste , if the case has been tried or is likely to be punished by being prejudiced by religion, nationality or political ideology,

(d) if the death penalty has been imposed or if the charges have been made that may result in the death penalty,

(e) If he is a citizen of Nepal,

(f) If he commits an offense punishable under the military law of the requesting state,

(g) Physically or mentally tortures an absconding accused or criminal in the requesting state. If there is sufficient probability,

(h) if the offense in respect of which extradition is sought has already been decided by a court of Nepal,

(i) in any criminal offense in any court of Nepal against the fugitive accused or the offender. If the case is being prosecuted or if he has been found guilty and the sentence has not been paid, (j) If the authorized officer of the requesting state has decided not to proceed with the case or sentence or to waive the sentence,

( k) If the time limit for taking action has expired according to the law of the requesting state,

(l) If the person has received immunity from punishment according to the law of the requesting state.