Section 3(1) in Agreement Between the Republic of India and Federal Republic of Brazil on the Transfer of Sentenced Persons
(1)A sentenced person may be transferred under this Agreement only on the following conditions:(a)the sentenced person is a national of the receiving State;(b)the death penalty has not been imposed on the sentenced person;(c)the judgment is final;(d)no inquiry, trial or any other proceeding is pending against the sentenced person in the transferring State;(e)at the time of receipt of the request for transfer, the sentenced person still has at least one year of the sentence to serve;(f)that the acts or omissions for which that person was sentenced in the transferring State are those which are punishable as a crime in the receiving State, or would constitute a criminal offence if committed on its territory;(g)the sentenced person has not been convicted for an offence under the military law;(h)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;(i)consent to the transfer is given by the sentenced person or, where in view of his age or physical or mental condition either Contracting State considers it necessary, by any other person entitled to act on his behalf in accordance with the law of the Contracting State; and(j)Both the transferring and the receiving State agree to the transfer.
