An India-Australia pact for transfer of each other’s sentenced prisoners has come into effect with the ratification of the treaty by both the countries. In a gazette notification, the Home Ministry said the agreement between India and Australia concerning transfer of sentenced persons has come into effect from May 26. The full text of the pact was signed by India and Australia on November 18, 2014 and the agreement was ratified by India on December 16, 2015 and by Australia on November 21, 2016. Under the treaty, a prisoner who wants to be transferred should notify the Indian embassy or consulate of his or her desire.
The application then must be approved by the foreign country and the government of India. For the prisoner to serve the rest of his/her sentence in India, there must not be a standing appeal against his committal to prison in the foreign country. India has entered into prisoner transfer treaties with many nations that allow a person convicted of a crime to be transferred to his or her home country to serve the prison sentence.
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The Repatriation of Prisoners Act 2003 was enacted by the government with a view to help foreign prisoners imprisoned in a jail in India or vice versa to be transferred to their native countries for serving the remaining part of their sentence near to their families so as to help them in the process of their social rehabilitation.