Section 4 in Agreement Between the Government of the Republic of India and the Government of Australia Concerning Transfer of Sentenced Persons
4. Conditions for Transfer.
A sentenced person may be transferred under this Agreement on the following conditions:(a)the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the receiving State, or would constitute such a criminal offence if committed within the jurisdiction of the receiving State on the day of receipt of the request for transfer. If both Contracting States agree, this requirement may be waived in a specific case;(b)where India is the receiving State the sentenced person is a citizen of India;(c)where Australia is the receiving State, the sentenced person is an Australian citizen. An Australian citizen, for the purposes of this Agreement, is deemed to include a person who is permitted to travel to, enter and remain indefinitely in Australia in accordance with Australian law and has community ties with a State or Territory of Australia provided he or she is not an Indian citizen;(d)on the day of receipt of the request for transfer, the sentenced person has at least six months of the sentence remaining to be served. This requirement may be waived in a particular case if both Contracting States agree.(e)the judgement is final;(f)no other legal proceedings are pending against the sentenced person in the transferring State in which his or her presence is required;(g)the transferring and receiving States agree to the transfer;(h)the sentenced person agrees to the transfer. Where the sentenced person is incapable of giving consent under the law of either Contracting State, consent may be given by a person entitled to act on his or her behalf in accordance with the law of that Contracting State;(i)the death penalty has not been imposed on the sentenced person, except that the death penalty has been commuted to a term of imprisonment or to life imprisonment.(j)the sentenced person has not been convicted for an offence under the military law, except in circumstances where the Contracting States agree otherwise; and(k)transfer of custody of the sentenced person to the receiving State shall not be prejudicial to the sovereignty, security or any other interest of the transferring State;Article 5
