Section 5: Consideration of request by Central Government.

The Repatriation of Prisoners Act, 2003Central Act · Act 49 of 2003

(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;

(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.

Where this provision sits

Act	The Repatriation of Prisoners Act, 2003
Section	5
Marginal note	Consideration of request by Central Government.
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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