Transfer into India
Section 12 of the Repatriation of Prisoners Act, 2003 deals with transfer into India. 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. The Act came into force on 01 Jan 2004.
(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 12, The Repatriation of Prisoners Act, 2003 (Act 49 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Union of India v. Shaikh Istiyaq Ahmed
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2022-01-11 (order-13.pdf; body 'New Delhi, January 11, 2022' matches index — recited Mauritius/HC dates are not the order date). SC held transfer acceptance under s.12 is subject to bilateral treaty terms; receiving State remains bound by legal nature and duration of the transferring State's sentence. Mechanical NDPS-maximum adaptation is not automatic.
On this section: s.12 transfer into India — Central Government acceptance is treaty-conditioned; warrant detention follows s.13; sentence duration as agreed/imposed binds India.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 12
What have the courts held on Section 12 of the Repatriation of Prisoners Act?
Union of India v. Shaikh Istiyaq Ahmed (11 Jan 2022) is the leading judgment on this section among those set out below: s.12 transfer into India — Central Government acceptance is treaty-conditioned; warrant detention follows s.13; sentence duration as agreed/imposed binds India.
How do I find court cases under Section 12 of the Repatriation of Prisoners Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Repatriation of Prisoners Act 12, section 12 Repatriation of Prisoners Act, section 12 of the Repatriation of Prisoners Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India v. Shaikh Istiyaq Ahmed (11 Jan 2022).
What should I read with Section 12 of the Repatriation of Prisoners Act, and has it changed?
Its own text turns on section 13 (Determination of prison and issue of warrant for receiving transfer in India), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Repatriation of Prisoners Rule, 2004 (2004).
When did Section 12 of the Repatriation of Prisoners Act come into force?
Section 12 of the Repatriation of Prisoners Act, cited as Repatriation of Prisoners Act 12, came into force on 01 Jan 2004, having been enacted on 28 Sep 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Determination of prison and issue of warrant for receiving transfer in India524 words
- 6. Comments of contracting State316 words
- 8. Provision to issue warrant for transfer272 words
- 2. Definitions185 words
- 3. Application of Act168 words
- 15. Laying of rules, etc150 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.