Home | Databases | WorldLII | Search | Feedback Indian Numbered Acts

REPATRIATION OF PRISONERS ACT 2003

[28th September, 2003.]

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Repatriation of Prisoners Act, 2003

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions. 2. Definitions.-In this Act, unless the context otherwise requires,- (a) "contracting State" means a Government of any country or place outside India in respect of which arrangement has been made by the Central Government with the Government of such country or place through a treaty or otherwise for transfer of prisoners from India to such country or place and vice versa and includes any other Government of such country or place specified by the Central

Government, by notification in the Official Gazette, under sub-section (1) of section 3; (b) "prescribed" means prescribed by rules made under this Act; (c) "prisoner" means a person undergoing a sentence of imprisonment under an order passed by a criminal court including the courts established under the law for the time being in force in contracting States;

(d) "warrant" means a warrant issued under sub-section (1) of section 7 or

sub-section (2) of section 12, as the case may be; (e) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code.

Application of Act.

3. Application of Act.-(1) The Central Government may, by notification in the Official Gazette, direct that the provisions of this Act shall apply to a country or place outside India as may be specified in the notification.

(2) If the notification under sub-section (1) relates to a country or place outside India with which a treaty has been entered into by India for the transfer of prisoners between that country and India, then, such notification shall also set out the full text of the said treaty and shall in no case remain in force longer than the period of the said treaty.

(3) If the Central Government is of the opinion that, with respect to a country or place outside India, provisions of this Act require to be modified to give effect to a treaty in relation to such country, it may, by notification in the Official Gazette, direct that the application of this Act to such country shall be subject to such conditions, exceptions and modifications specified in the notification.

Application for transfer by a prisoner. 4. Application for transfer by a prisoner.-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 of being a minor, then, the application may be made by any other person entitled to act on his behalf.

Consideration of request by Central Government.

5. 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 martial 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.

Comments of contracting State.

6. 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.

Consideration of request by Central Government.

7. 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.

Transfer of record. 10. Transfer of record.-Where a prisoner is or is to be transferred to a contracting State under the provisions of this Act, the Central Government may requisition the records of any proceeding, including judicial proceedings relating to that prisoner from any court or office, and may direct that such records shall be sent to the Government of the contracting State.

Power of court and Central Government shall not be affected. 11. Power of court and Central Government shall not be affected.-The transfer of a prisoner from India to a contracting State shall not affect the power of the court which passed the judgment to review its judgment and power of the Central Government or State Government to suspend, remit or commute the sentence in accordance with any law for the time being in force.

Transfer into India.

12. Transfer into India.-(1) The Central Government may accept the transfer of a prisoner, who is a citizen of India, from a contracting State wherein he is undergoing any sentence of imprisonment subject to such terms and conditions as may be agreed to between India and that State.

(2) If the Central Government accepts the request for a transfer under

sub-section (1), then, notwithstanding anything contained in any other law for the time being in force, it may issue a warrant to detain the prisoner in prison in accordance with the provisions of section 13 in such form as may be prescribed.

Power to make rules.

14. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the means through which an application may be forwarded under sub-section

(1) of section 6;

(b) the form in which a warrant may be issued under sub-section (1) of section 7;

(c) the form in which a warrant may be issued under sub-section (2) of section 12; and (d) any other matter which may be prescribed under clause (d) of sub-section

(4) of section 13.

Power to remove difficulties.

16. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament. SUBHASH C. JAIN, Secy. to the Govt. of India.