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Section5
The Repatriation of Prisoners Act, 2003

Consideration of request by Central Government

In force From 01 Jan 2004 Act 49 of 2003 As on 20 Oct 2026

Act 49 of 2003 Ministry Home Affairs Enacted 28 Sep 2003 In force 01 Jan 2004

Section 5 of the Repatriation of Prisoners Act, 2003 deals with consideration of request by Central Government. 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. The Act came into force on 01 Jan 2004.

(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.

Section 5, 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.

This section refers to

  1. s. 4 Application for transfer by a prisoner

Questions about Section 5

What does Section 5 of the Repatriation of Prisoners Act deal with?

Section 5 of the Repatriation of Prisoners Act is headed "Consideration of request by Central Government". 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.

How do I find court cases under Section 5 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 5, section 5 Repatriation of Prisoners Act, section 5 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.

What should I read with Section 5 of the Repatriation of Prisoners Act, and has it changed?

Its own text turns on section 4 (Application for transfer by a prisoner), so none of them can safely be read on its own.

When did Section 5 of the Repatriation of Prisoners Act come into force?

Section 5 of the Repatriation of Prisoners Act, cited as Repatriation of Prisoners Act 5, 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

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.