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Section 6 – The Repatriation of Prisoners Act,2003

The Repatriation of Prisoners Act,2003

Section 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 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 relevent 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.

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The Repatriation of Prisoners Act,2003

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