Section 5 in The Repatriation of Prisoners Act, 2003
Title: Consideration of request by Central Government
(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
(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
(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
(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.
Title: Operation of warrant and retaking prisoner
It shall be lawful for the person authorised by the contracting State to whom the custody of a prisoner is delivered under the provisions of sub-section (2) of section 8 to receive and hold in custody such prisoner and to convey him out of India and if the prisoner escapes from such custody within India, the prisoner maybe arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer incharge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224 of the Indian Penal Code (45 of 1860) and shall also be liable for such sentence of imprisonment in India which he would have to undergo if the delivery of custody of such prisoner had not been made under section 8.