The Repatriation of Prisoners Act, 2003
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.