prison system with special reference to the Repatriation of Prisoner's Act, 2003
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  • prison system with special reference to the Repatriation of Prisoner's Act, 2003

    prison system in India with special reference to the Repatriation of Prisoner's Act, 2003

    Author Name:   prarthanakalita


    prison system in India with special reference to the Repatriation of Prisoner's Act, 2003

    The Article is an attempt to focus on a comparative study on Indian prison system with other countries. the historical background , prison problems, classification of prisoners are discussed in this article. Moreover how the moderen penological system adopts prison system as a mode of reformation is also discussed. Since the issue of repatriation of foreign prisoners in Indian jails and vice-versa finds no place in the Indian Penal Code or in the Criminal Procedure Code of India, it was a matter of concern to the Government of India and foreign governments. It was felt that it was more appropriate if the foreign convicted nationals were transferred to their own countries to serve their remaining jail terms. It made sense because then the prisoners could be visited by their family members and their jail term would not be any harder than those imposed on other similar offences in the prisons of their home country.

     Parliament of India, thus, enacted the Repatriation of Prisoners Act in 2003 for transferring the prisoners to their own country and vice-versa. Under the Act the request for transfer is to be made by the convicted prisoner on grounds of age or physical or mental condition and such request is to be granted only when the receiving and transferring State agree.




    ISBN No: 978-81-928510-1-3

    Author Bio:   Prarthana Kalita, LL.M. Lawyer, Gauhati High Court.
    Email:   kolitapraarthna9@gmail.com
    Website:   http://www.legalserviceindia.com


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