Section 5(2) in The Repatriation Of Prisoners Act, 2003
(2)On receipt of the information under sub-section (1), if the Central Government is satisfied that(a)no inquiry, trial or any other proceeding is pending against the prisoner;(b)death penalty has not been awarded to the prisoner;(c)the prisoner has not been convicted for an offence under the [Military law] [Substituted for the words "martial law" by Act No. 6 of 2011]; and(d)transfer of custody of the prisoner to the contracting State shall not be prejudicial to the sovereignty, security or any other interest of India, it shall pass an order for forwarding the application of the prisoner to the contracting State.
