Section 11 of The Repatriation of Prisoners Act, 2003
The transfer of a prisoner from India to a contracting State shall not affect the power of the court which passed the judgment to review its judgment and power of the Central Government or State Government to suspend, remit or commute the sentence in accordance with any law for the time being in force.
Summary
- Transferring a prisoner to another country does not take away the legal powers of Indian courts or governments over the case.
- The Indian court that passed the judgment keeps its full power to review its own judgment.
- The Central Government retains its power to suspend, remit (reduce), or commute (lighten) the prisoner's sentence.
- The State Government also keeps its power to suspend, remit, or commute the sentence.
- All of these powers must be exercised in accordance with any Indian laws that are currently in force.
Practical examples
FAQ
1. Does an Indian court lose its power to review a judgment after the prisoner is transferred?
No, the transfer of a prisoner from India does not affect the power of the court that passed the judgment to review its judgment.
2. Can the Central Government still reduce or change the sentence of a transferred prisoner?
Yes, the Central Government retains its power to suspend, remit, or commute the sentence.
3. Does the State Government have the power to alter the sentence of a transferred prisoner?
Yes, the State Government also retains its power to suspend, remit, or commute the sentence.
4. What laws govern the suspension, remission, or commutation of sentences after transfer?
These actions must be done in accordance with any law for the time being in force.
Test yourself
Q1.Which court retains the power to review its judgment after a prisoner is transferred under Section 11?
Q2.Which authorities retain the power to suspend, remit, or commute the sentence after transfer under Section 11?
Q3.Under Section 11, what does the term "remit" mean?
Q4.Under Section 11, what does the term "commute" mean?
Q5.How must the powers of the court and the governments be exercised under Section 11?