Report No. 250

16. Exchange of Prisoners Act, Act 58 of 1948

Category: Citizenship; Admission into, Emigration to, and Expulsion from, India; and Cross-border Movement

Recommendation: Repeal

The Act provided, in pursuance of an agreement with Pakistan for the exchange of certain prisoners from India to Pakistan and also, the reception in India of certain prisoners from Pakistan. The Act defines 'prisoner' under Section 2(b) as 'any person committed to custody in a prison on or before 1th August 1948 under the writ, warrant or order of any court or authority other than a Civil Court or Court Martial'.

The purpose of this Act has now been subsumed by the Consular Access Agreement signed between India and Pakistan in May 2008. Therefore, the Central Government should repeal this Act. This Act has also been recommended for repeal by the 96th Report of the Law Commission of India.