Section 3 in Agreement on Transfer of Sentenced Persons Between The Government of The Republic of India And The Government of The United Arab Emirates
3. Condition for Transfer
A sentenced person may be transferred under this Agreement only on the following conditions(a)the person is a national of the Administering State,(b)the death penalty has not been imposed on the sentenced person;(c)the judgment is final and executable,(d)no inquiry, trial or any other proceeding is pending against the sentenced person in the Sentencing State,(e)at the time of receipt of the request far transfer, the, sentenced person still has at least six months of the sentence to serve or is undergoing a sentence of life imprisonment, unless otherwise agreed mutually between the Contracting States,(f)that the acts or omissions for which that person was sentenced in the-Sentencing State are those which are punishable as a crime in the Administering 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 Administering State shall not be prejudicial to the sovereignty, security or any other interest of the Sentencing 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 that Contracting State, and(j)the Sentencing and Administering States agree to the transferArticle 4
