Section 5
Consideration of request by Central Government.
The Repatriation of Prisoners Act, 2003
About this Act
An Act to provide for the transfer of certain prisoners from India to country or place outside India and reception in India of certain prisoners from country or place outside India.
(1) On receipt of the application under
section 4, the Central Government shall direct the officer in charge of the prison, where the prisoner is
confined, to furnish such information which in the opinion of that Government is relevant for the purpose
of transfer.
(2) On receipt of the information under sub-section (1), if the Central Government is satisfied that—
(a) no inquiry, trial or any other proceeding is pending against the prisoner;
(b) death penalty has not been awarded to the prisoner;
(c) the prisoner has not been convicted for an offence under the 1 [military law]; and
(d) transfer of custody of the prisoner to the contracting State shall not be prejudicial to the sovereignty, security or any other interest of India, it shall pass an order for forwarding the application of the prisoner to the contracting State.
(2) On receipt of the information under sub-section (1), if the Central Government is satisfied that—
(a) no inquiry, trial or any other proceeding is pending against the prisoner;
(b) death penalty has not been awarded to the prisoner;
(c) the prisoner has not been convicted for an offence under the 1 [military law]; and
(d) transfer of custody of the prisoner to the contracting State shall not be prejudicial to the sovereignty, security or any other interest of India, it shall pass an order for forwarding the application of the prisoner to the contracting State.
Notes
1 Subs. by Act 6 of 2011, s. 2, for "martial law" (w.e.f. 1-4-2011).