Section 4 in The Repatriation of Prisoners Act, 2003

Title: Application for transfer by a prisoner

Description: Any prisoner who is a citizen of a contracting State may make an application to the Central Government for transfer of his custody from India to that contracting State: Provided that if a prisoner is not able to make an application himself because of his ill health, mental condition, old age or being a minor, then, the application may be made by any other person entitled to act on his behalf.

Title: Consideration of request by Central Government

Description: (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. 1 Subs. by Act 6 of 2011, s. 2, for "martial law" (w.e.f. 1-4-2011).

Title: Comments of contracting State

Description: (1) The application of the prisoner shall be forwarded by the Central Government through prescribed means to the Government of the contracting State to deal with such application alongwith the following information, namely:— (a) a copy of the judgment and a copy of the relevant provisions of the law under which the sentence has been passed against the prisoner; (b) the nature, duration and date of commencement of the sentence of the prisoner; (c) medical report or any other report regarding the antecedents and character of the prisoner, where it is relevant for the disposal of his application or for deciding the nature of his confinement; and (d) any other information which the Central Government may consider necessary. (2) Where any application of a prisoner forwarded by the Central Government has been accepted by the contracting State, the Central Government may seek from such contracting State, all or any of the following information or documents before taking decision to transfer the prisoner to the contracting State, namely:— (a) a statement or document indicating that the prisoner is a citizen of the contracting State; (b) a copy of the relevant law of the contracting State constituting the act or omission as the offence, on account of which the sentence has been passed in India, as if such act or omission was an offence under the law of that State; (c) a statement of the fact or any law or regulation relating to the duration and enforcement of the sentence of the prisoner in the contracting State upon his transfer; (d) the willingness of the contracting State to accept the transfer of the prisoner and an undertaking to administer the remaining part of the sentence of the prisoner; (e) an undertaking to comply with the conditions, if any, specified by the Central Government; and (f) any other information or document which the Central Government may consider necessary.

Title: Consideration of request by Central Government

Description: (1) If the Central Government, on receipt of a communication from the concerned contracting State,— (a) expressing its willingness to accept the transfer of the prisoner; and (b) undertaking to comply with the conditions specified in the warrant, is satisfied that the prisoner should be transferred to the said State, the Central Government may, notwithstanding anything contained in any other law for the time being in force, issue a warrant in accordance with the provisions of section 8 in such form as may be prescribed. (2) Where a warrant is issued under sub-section (1), the Central Government shall inform the contracting State accordingly and request that State to specify the person to whom and the place within India where custody of the prisoner shall be delivered.

Title: Provision to issue warrant for transfer

Description: (1) The Central Government shall authorise an officer not below the rank of a Joint Secretary to a StateGovernment, within the limits of whose jurisdiction the place of imprisonment of the prisoner is situated, to issue a warrant on behalf of the Central Government under sub-section (1) of section 7 directing the officer incharge of the prison therein to deliver the custody of the prisoner to the person authorised by the contracting State to which the prisoner is to be transferred, presenting such person a copy of the warrant together with all the records relating to the prisoner and the personal effects taken from the prisoner at the time of his admission in the prison. (2) Upon the presentation of a warrant referred to in sub-section (1), the officer in charge of the prison shall forthwith comply with the warrant and obtain thereon the signature of the person to whom delivery of the prisoner, records and the personal effects relating to the prisoner to be removed from the prison is given. (3) After delivery of the prisoner to the person authorised by the contracting State under sub-section (2), the officer in charge of the prison transferring the prisoner shall forward a copy of the warrant to the court which committed the prisoner to the prison, along with a statement that the prisoner has been delivered to the person authorised by the contracting State under sub-section (1). (4) The delivery of the prisoner in compliance of the warrant issued under sub-section (1) shall discharge the officer incharge of the prison from the responsibility of keeping the prisoner in his custody.

The Repatriation of Prisoners Act, 2003