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The Union Cabinet today gave its approval for transferring of foreign convicted prisoners to their home countries and bringing prisoners of Indian origin to India to serve the remaining part of their sentence. This decision would enable the prisoners to be near their families and would also help in their social rehabilitation.
The salient features of the Agreement are as follows :-
A request for transfer may be made by the convicted prisoner or a person entitled to act on his behalf in view of his age, or physical or mental condition.
The request for transfer will have to be agreed upon by the Transferring State and the Receiving State.
The transfer will be affected if the judgment awarding the sentence is final in India, i.e. no appeal or revision against the judgement is pending in any court.
The transfer will be made if the convicted prisoner is a citizen of the Receiving State, notwithstanding that he may also be a citizen of any other foreign State.
The law of the Receiving State govern the enforcement of the sentence. However, the Receiving State shall be bound by the legal nature and duration of the sentence as determined by the Transferring State.
The enforcement of sentence in the Receiving State, to the extent that it has been enforced in the Transferring State, shall have the effect of discharging the sentence.
The Transferring State alone shall be competent to decide any application for review of the judgment. Either State may grant pardon, amnesty or commutation in accordance with the Constitution or other laws.
The convict shall not be transferred if :
The Transferring State is of the opinion that it would be prejudicial to the sovereignty, security or any other interest of the Transferring State;
There is any other case pending in the Transferring State against the convicted prisoner;
He is convicted of an offence under military law not being an offence under the ordinary criminal law of the Transferring State; and
Death penalty has been awarded to the convicted prisoner in the Transferring State.
DS/HK/LV
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