TRANSFER OF OFFENDERSS ORDINANCE, 2002

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THE TRANSFER OF OFFENDERS ORDINANCE, 2002 
(XXXVII of 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 
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:  
offender who is a citizen of Pakistan 
14. Power to make rules 
TEXT 
THE TRANSFER OF OFFENDERS ORDINANCE, 2002  
(XXXVII of 2002) 
[3rd August, 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 
Preamble.– 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 citiz en 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 Constitution Order No. I 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 Repub lic 
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.– ln 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 relation 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 be notified 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 a n offence whether 
committed before or after the commencement of this Ordinance and is for 
the time being serving a sentence of imprisonment by virtue of an order 
made either by any Court in Pakistan or by a Court or other institution, 
exercising judicial p ower 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 tr ansfer 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 s pecified 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 county. 
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 offender 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 under 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 country in 
relation to his request for a transfer. 
5. Application to be made by an appropriate authority.– (1) An application made 
to the Competent Authori ty by an appropriate authority of a 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 the 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 Autho rity, b y 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 was 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:- 
(a) that the  offender is a citizen of Pakistan or of 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, dec ision or 
judgment;  
(c) that at the time of the application for the transfer is made, the offender 
concerned ha s 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, be 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 a ppropriate 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 C ompetent 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 iss ued 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 th e 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 
sub-section (1) cause a copy thereof to be served on the concerned Inspector -General 
of Prisons.  
(5) A warrant issued under sub -section (1) 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 the 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 irrevocable 
and any purport ed withdrawal of a consent given after the issue of a warrant shall not 
affect the validity of such warrant or an 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 Priso ns 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 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 the 
laws of Pakistan. 
(3) Notwithstanding anything containe d 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 duration 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 ma ke it compatible with 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 .– (i) 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 in to 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 p lace 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 reache s the place to 
which he is required to be transferred.  
12. Remission and President’s powers to grant pardon .– (1) An offen der 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 offe nder 
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 citize n 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 of Pakistan, notwithstanding th e fact that the order, 
decision or judgmen t 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 purpose of this Ordinance.