Transfer of Offenders Ordinance, 2002

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THE TRANSFER OF OFFENDERS ORDINANCE, 2002 
 
 
 
           CONTENTS 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Application of the Ordinance 
4.  Competent Authority to make an application requesting the transfer of an offender 
5.  Application to be made by an appropriate authority 
6.  Condition of transfer 
7.  Issue of warrant by the Competent Authority 
8.  No withdrawal of consent after issue of warrant 
9.  Inspector-General of Prisons to have the custody of an offender transferred to Pakistan 
10.  Effect of any warrant issued by the Competent Authority 
11.  Removal of an offender in custody to any other place in Pakistan 
12.  Remission and President's powers to grant pardon 
13.  No appeal or revision of a sentence of imprisonment imposed upon an offender who is a 
citizen of Pakistan 
14.  Power to make rules 
 
 
  
 
 

 
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THE TRANSFER OF OFFENDERS ORDINANCE, 2002 
ORDINANCE NO. XXXVII OF 2002 
AN   
ORDINANCE 
to provide for transfer of a citizen of Pakistan convicted of an offence in a foreign country to 
Pakistan and a citizen of a foreign country convicted of an offence in Pakistan to that country. 
 WHEREAS it is  expedient to provide for transfer of a citizen of Pakistan convicted of an 
offence in a foreign country to Pakistan and  a citizen of a foreign country convicted of an offence in 
Pakistan to that country and for matters connected therewith or ancillary thereto; 
 AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
 NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of 
October, 1999, and the Provisional Constituti on Order No. 1 of 1999 , read with the Provisional 
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that 
behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the 
following Ordinance:— 
 1. Short title, extent and commencement :___ (1) This Ordinance may be called the Transfer 
of Offenders Ordinance, 2002. 
(2) It shall come into force at once.  
(3) It extends to the whole of Pakistan 
2. Definitions :___  In this Ordinance  unless there is anything repugnant in the subject or 
context,- 
(a)  “agreement” means an agreement entered into between Pakistan and any other 
country relating to the mutual transfer of offenders between the two countries;  
(b)  “appropriate authority ” in relatio n to a specified country, means a person or 
body of persons in a specified country referred to in the agreement as the 
authority responsible for administering the transfer of offenders to, and from, 
such country;  
(c)  “Competent Authority” means the Secretary, Ministry of Interior and Narcotics 
Control (Interior Division) or any other person as the. Competent Authority 
may, by notification in official Gazette, authorize to exercise powers and 
perform functions, of the Competent Authority under this Ordinance;  
(d)  “Inspector-General of Prisons ” means the person who is for the time being 
holding office as the Inspector-General of Prisons in a Province;  
(e)  “offender” means a person who is convicted of an offence whether committed 
before or after the comme ncement of this Ordinance and is for the time being 
serving a sentence of imprisonment by virtue of an order made either by any 
 
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court in Pakistan or by a court or other institution exercising judicial powers 
which is empowered to make such order, in any specified country;  
(f)  “prescribed” means prescribed by rules;  
(g)  “rules” means rules made under this Ordinance; and  
(h)  “specified country ” means a country which entered into an agreement for 
mutual transfer of offenders with Pakistan and notified as  such by the Federal 
Government by notification in the official Gazette. 
3. Application of the Ordinance:___ Where an agreement for mutual transfer of offenders has 
been entered into between Pakistan and any specified country, whether before or after the 
commencement of this Ordinance, the Competent Authority shall, by notification in the official 
Gazette, declare that the provisions of this Ordinance shall apply in respect of such country. 
4. Competent Authority to make an application requesting the transfer of an offender:___ 
(1) The Competent Authority may make an application to an appropriate authority in a specified 
country, requesting the transfer to that country of any offender who is, or is suspected to be, a citizen 
of that country. 
(2) Notwithstanding anything contained in sub -section (1), any offended who claims to be a 
citizen of a specified country may, through the concerned Inspector -General of Prisons, make an 
application to the Competent Authority to be transferred to the specified country of  which he claims 
to be a citizen and the Competent Authority may, where considers it appropriate, make a request on 
behalf of such offender under sub-section (1) to the appropriate authority of such specified country. 
(3) Every application for a request un der this section shall be made in such form and be 
accompanied by such documents as may be prescribed. 
(4) Where the Competent Authority makes an application at the request of an offender, it shall 
inform such offender in writing of the action or decision taken both by the Competent Authority and 
the appropriate authority of the specified county in relations to his request for a transfer. 
5. Application to be made by an appropriate authority :___ (1) An application made to the 
Competent Authority by an appropriate authority of specified country for the transfer to Pakistan of an 
offender who claims to be a citizen of Pakistan shall be entertained if- 
(a)  such application is made in the form prescribed for that purpose;  
(b)  a copy of the order, decision or judgment by which such offender was sentenced 
to the term of imprisonment, certified as correct by the appropriate authority of 
such specified country, is attached to the application. 
(2) Where the Competent Authority, by order, allows an application made under sub-section 
(1), the copy of the order, decision or judgment, as the case may be, attached to an application shall be 
proof of the facts stated therein and shall have effect as if it were an order, decision or judgment, as 
the case may be, passed by a court of competent jurisdiction in Pakistan. 
6. Condition of transfer :___ The transfer of any offender on an application made under this 
Ordinance shall be subject to the following conditions, namely:- 
 
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(a)  that the offender is a citizen of Pakistan or o f the specified country, 
notwithstanding he may also be a citizen of any other country;  
(b)  that the order, decision or judgment by which the sentence of imprisonment was 
imposed on the offender is a final order, decision or judgment;  
(c)  that at the time of the application for the transfer is made, the offender concerned 
has more than six months left to serve of the term of imprisonment imposed on 
him or that the term of imprisonment imposed was for an unspecified period;  
(d)  that the offender consents to the transfer or where, in view of his age or physical 
or mental status, he is unable to give his consent, the consent shall be given by 
such other person who is designated either by the Competent Authority or the 
appropriate authority of a specified country as being competent to give consent 
on behalf of the offender; and  
(e)  that both the Competent Authority and the appropriate authority of the specified 
country consent to his transfer. 
7. Issue of warrant by the Competent Authority:___(1) Subject to sub -section (3), the 
Competent Authority may, if considers it appropriate issue or cause to be issued, a warrant authorizing 
the transfer out of Pakistan to a specified country of any offender. 
(2) The warrant to be issued under  sub-section (1) shall be in the prescribed form under the 
hand of the Competent Authority. 
(3) The Competent Authority shall not issue a warrant under sub-section (1) unless it is satisfied 
that all reasonable steps have been taken to inform the offender being transferred, in writing, in his 
own language, or a language he understands, of the effects and consequences of such transfer in 
relation to such offender. 
(4) The Competent Authority shall on the date of issuing of a warrant under subsection (1) 
cause a copy thereof to be served on the concerned Inspector-General of Prisons. 
(5) A warrant issued under sub -section (I) shall be deemed to be sufficient authority for the 
concerned Inspector-General of Prisons to deliver, or cause the delivery of, such offender to any person 
authorized to receive such offender and to keep him in custody and deliver him to the custody of a 
person, duly authorized by the appropriate authority in the specified country, to take the custody of 
such offender. 
8. No withdrawal of consent after issue of warrant:___ On or after he issue of a warrant under 
section 7, the consent given under clause (d) of section 6 by the offender, in respect of whom such 
warrant was issued, shall be final and revocable and any purported withdrawal of a consent given after 
the issue of a wan-ant shall not affect the validity of such warrant or any directions given in relation to 
such warrant. 
9. Inspector -General of Prisons to have the custody of an offender transferred to 
Pakistan:___ (1) Every offender being transferred to Pakistan from any specified country, upon an order 
under section 4 shall be formally handed over to the Inspector-General of Prisons so nominated by the 
Competent Authority and the concerned Inspector-General of Prisons shall have the authority to keep 
such offender in custody in any place as may appear to him to be appropriate for giving effect to the 
 
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sentence of imprisonment imposed on such offender in such specified country for the period of the 
sentence as if it were a sentence imposed by a court in Pakistan. 
(2) The enforcement of the sentence of imprisonment imposed on any offender who is 
transferred to Pakistan under sub-section (1) shall be governed by he laws of Pakistan. 
(3) Notwithstanding anything contained in sub -section ( 2) the Competent Authority shall, 
unless otherwise specified in the agreement, be bound by the legal nature and duration of the sentence 
of imprisonment imposed on any offender transferred to Pakistan under sub-section (1). 
(4) Where the legal nature and d uration of the sentence of imprisonment imposed on any 
offender transferred under sub-section (1), is incompatible with any law of Pakistan, it shall be lawful 
for a court of competent jurisdiction in Pakistan to adopt such sentence to make it compatible w ith 
laws of Pakistan provided however that the sentence as adopted by such court in Pakistan corresponds, 
as far as practicable, to the sentence imposed on such offender in the specified country from which 
such offender was transferred to Pakistan. 
10. Effect of any warrant issued by the Competent Authority :___ The effect of a warrant 
issued by the Competent Authority under section 7 shall be to authorize— 
(a)  the taking of the offender to any place within Pakistan and his delivery at a place 
of departure from Pakistan into the custody of person duly authorized by the 
appropriate authority in the specified country to which he is being transferred 
to, take such custody of the offender; and  
(b)  the removal of the offender, by the person into whose custody he was delivered, 
to any place outside Pakistan. 
11. Removal of an offender in custody to any other place in Pakistan :___ (1) Any offender 
committed to custody under section 9 or 10 who escapes from such custody, may be sent to any place 
in Pakistan in like manner as a person escaping from custody under a warrant for his arrest issued in 
that place in respect of an offence committed therein. 
(2) Where any offender, who is in custody under section 9 or 10, is required to be removed 
from the place where he is held in custody to any other place in Pakistan he shall be deemed to continue 
to be in legal custody until he reaches the place to which he is required to be transferred. 
12. Remission and President's powers to grant pardon:___ (1) An offender who is transferred 
to Pakistan in terms of section 9 shall be subject to any remission of the sentence of imprisonment, 
imposed on him in the specified country where he was convicted, to which he may have become 
entitled to on the date of his transfer in accordance with the laws relating to remission of a sentence in 
force in such specified country. 
(2) Nothing in this Ordinance shall be so construed as to limit or take away the power of the 
President to grant pardon or remission of sentence to any offender under Article 45 of the Constitution 
of the Islamic Republic of Pakistan or by any other authority under any law of Pakistan for the time 
being in force. 
13. No appeal or revision of a sentence of imprisonment imposed upon an offender who 
is a citizen of Pakistan:___ The sentence of imprisonment imposed on any offender who is a citizen of 
Pakistan in any specified country shall not be subject to any appeal or revision in any court in Pakistan, 
 
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notwithstanding the fact that the order, decision or judgment imposing such sentence is deemed to be 
an order, decision or judgment imposed by a court of competent jurisdiction in Pakistan. 
14. Power to make rules :___ The Competent Authority may  by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance.