Section 175: Statement of Objects and Reasons

Q: What does Section 175 of The Repatriation of Prisoners Act, 2003 (TRPA) deal with?

Section 175 TRPA pertains to "Statement of Objects and Reasons". It is part of the The Repatriation of Prisoners Act, 2003, a legislation enacted by the Parliament of India. Section 175 of The Repatriation of Prisoners Act, 2003 (TRPA) governs statement of Objects and Reasons. As verified on 19 May 2026.

Q: Is Section 175 TRPA still in force?

Yes, Section 175 of the The Repatriation of Prisoners Act, 2003 is currently in force across the Republic of India.

Q: What is धारा 175 TRPA?

धारा 175 TRPA is the Devanagari Hindi reference for Section 175 of the The Repatriation of Prisoners Act, 2003. Section 175 of The Repatriation of Prisoners Act, 2003 (TRPA) governs statement of Objects and Reasons. As verified on 19 May 2026.

Q: What is Dhara 175 TRPA?

Dhara 175 TRPA is the Roman Hindi reference for Section 175 of the The Repatriation of Prisoners Act, 2003. "Dhara" means "Section" in Hindi. Section 175 of The Repatriation of Prisoners Act, 2003 (TRPA) governs statement of Objects and Reasons. As verified on 19 May 2026.

Q: How to cite Section 175 of The Repatriation of Prisoners Act, 2003?

Cite as: "Section 175, The Repatriation of Prisoners Act, 2003 (TRPA)" in legal briefs. For academic writing, use the BlueBook format: The Repatriation of Prisoners Act, 2003, § 175 (India).

Law on Tips Editorial Board

Statement of Objects and Reasons.-Long detention of foreign prisoners in Indian jails has been causing considerable concern to the Government of India and the foreign Governments concerned. It was, therefore, felt that if foreign convicted nationals were transferred to their home countries to serve their remaining jails terms, it would take care of the human aspect in as much as the said convicts would be near their families and have better chances of social rehabilitation. Further, it would also take care of the problems which the Indian jail authorities are facing in keeping these prisoners. There is presently no legal provisions either in the Code of Criminal Procedure, 1973 or any other law under which a foreign prisoner could be transferred outside India. The Bill proposes legislation, in conjunction with bilateral treaties to enable the Central Government to transfer foreign convicted persons to their country and vice versa.

2. The salient features of the proposed legislation inter alia, are as follows:-

(a) a request for transfer will have to 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;

(b) the request for transfer will have to be agreed upon by the transferring State and the receiving State;

(c) the transfer will be effected if the judgment awarding the sentence is final in India i.e., no appeal or revision against the judgment is pending in any Court;

(d) the transfer will be made if the convicted prisoner is a citizen of the receiving State notwithstanding that he may also be citizen of any other foreign State;

(e) the enforcement of the sentence shall be governed by the law of the receiving State. However, the receiving State shall be bound by the legal nature and duration of the sentence as determined by the transferring State;

(f) the enforcement of the 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;

(g) the transferring State alone shall be competent to decide any application for review of the judgment and grant pardon, amnesty or commutation in accordance with its Constitution or other laws;

(h) the convicted person shall not be transferred if-

(i) the transferring State is of the opinion that the request would prejudice its sovereignty, security, national interest or other essential interests;

(ii) any other case is pending in the transferring State against the convicted prisoner;

(iii) he is convicted of an offence under military law not being an offence under the ordinary criminal law of the transferring State; and

(iv) the death penalty has been awarded to the convicted prisoner in the transferring State.

3. The Bill seeks to achieve the above objects.

An Act to provide for the transfer of certain prisoners from India to country or place outside India and reception in India for certain prisoners from country or place outside India.

Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:

Received the assent of the President on 28.9.2003 and published in the Gazette of India, Ext., Pt.II, Section 1, dated 30.9.2003.Enforced on 1.1.2004.