REPATRIATION OF PRISONERS ACT, 2003 THE REPATRIATION OF PRISONERS ACT,
2003 [Act, No. 49 of 2003] [28th
September, 2003] 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. Be it enacted by Parliament in the Fifty-fourth
Year of the Republic of India as follows:-- (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. 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. (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. 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. (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) 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 along with 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. (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. (1) The Central Government shall authorise an officer
not below the rank of a Joint Secretary to a State Government, 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 in charge 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 in charge of
the prison from the responsibility of keeping the prisoner in his custody. 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
may be arrested without warrant by any person who shall without undue delay
deliver such prisoner to the officer in charge of the nearest police station
and the prisoner so arrested shall be liable for committing an offence
under section 224
Preamble 1 - Repatriation of Prisoners
ACT, 2003PREAMBLE
Section 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.
Section 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 lime being in force.
Section 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.
Section 13 - Determination of prison and issue of warrant for receiving transfer in India
(1) The Central Government shall, in consultation with
a State Government, determine the prison situated within the jurisdiction of
such State Government where the prisoner with respect to whom a warrant has
been issued under sub-section (2) of section 12, shall be lodged and the
officer who shall receive and hold him in custody.
(2) The Central Government shall authorise any officer
not below the rank of a Joint Secretary to that Government to issue a warrant
under sub-section (2) of section 12 and to direct the officer referred to in
sub-section (1) to receive and hold the prisoner, with respect to whom the
warrant is issued, in custody,
(3) It shall be lawful for the officer referred to in
sub-section (1) to receive and hold in custody any prisoner delivered to him
under the direction made in the warrant issued under sub-section (2) of section
12 and to convey such prisoner to any prison determined under sub-section (1)
for being dealt with in accordance with the said warrant and if the prisoner escapes
from such custody, the prisoner may be arrested without warrant by any person
who shall without undue delay deliver such prisoner to the officer in charge of
the nearest police station and the prisoner so arrested shall be liable for
committing an offence under section 224(45
of 1860.) of the Indian Penal Code and shall also be liable to be dealt with in
accordance with the said warrant.
(4) A warrant under sub-section (2) of section 12 shall
provide for?
(a) the bringing of the prisoner into India from a
contracting State or a place outside India;
(b) the taking of such prisoner in any part of India
being a place at which effect may be given to the provisions contained in the
warrant;
(c) the nature and duration of imprisonment of the
prisoner in accordance with the terms and conditions referred to in sub-section
(1) of section 12 and the imprisonment of such prisoner in India in such manner
as may be contained in the warrant; and
(d) any other matter which may be prescribed.
(5)
Notwithstanding
anything contained in any other law for the time being in force, the
imprisonment of a prisoner in compliance with a warrant issued under
sub-section (2) of section 12 shall be deemed to be imprisonment under a
sentence of a court competent to pass such a sentence of imprisonment in India.
(6) If the sentence of imprisonment passed against the
prisoner in the contracting State is incompatible with the Indian law as to its
nature, duration or both, the Central Government may, by order, adapt the
sentence of such punishment as to the nature, duration or both, as the case may
be, as is compatible to the sentence of imprisonment provided for a similar
offence had that offence been committed in India:
Provided that the sentence so adapted shall, as far
as possible, correspond with the sentence imposed by the judgment of the
contracting State to the prisoner and such adapted sentence shall not aggravate
the punishment, by its nature, duration or both relating to the sentence
imposed in the contracting State.
Section 14 - Power of 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.
Section 15 - Laying of rules, etc
Every
notification issued under sub-sections (1) and (3) of section 3 and every rule
made under section 14 shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the notification or rule or both Houses agree that the
notification or rule should not be made, the notification or rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
notification or rule.
Section 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.
SUBHASH C. JAIN
Secy. in the Govt. of India.
[1] Substituted by the Repatriation of
Prisoners (Amendment) Act, 2011 for the following : - "martial law"