#THE PASSPORT (ENTRY INTO INDIA) ACT, 1920 
____________ 

##ARRANGEMENT OF SECTIONS 
____________ 

SECTIONS 
1. Short title and extent. 
2. Definitions. 
3. Power to make rules. 
3A. Punishment for subsequent offences. 
4. Power of arrest. 
5. Power of removal. 
6. [Omitted.]. 



#THE PASSPORT (ENTRY INTO INDIA) ACT, 1920 

##ACT NO. 34 OF 1920

[9th September, 1920] 

An Act to take power to require passports of persons entering India. 

  WHEREAS it is expedient to take power to require passports of persons entering India; It is hereby 
enacted as follows:— 

1. **Short title and extent.**—(1) This Act may be called The Passport (Entry into India) Act, 1920. 

(2) It shall extend to the whole of India, .

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context,— 

  “entry” means entry by water, land or air; 

  “passport”  means  a  passport  for  the  time  being  in  force  issued  or  renewed  by  the  prescribed 
authority  and  satisfying  the  conditions  prescribed  relating  to  the  class  of  passports  to  which  it 
belongs; and 

  “prescribed” means prescribed by rules made under this Act. 

3. **Power to make rules.**—(1)  The  Central  Government  may  make  rules[^1] requiring  that  persons 
entering India shall  be  in  possession  of  passports,  and  for  all  matters  ancillary  or  incidental  to  that 
purpose. 

  (2) Without prejudice to the generality of the foregoing power such rules may— 

     (a) prohibit the entry into India or any part thereof of any person who has not in his possession 
a passport issued to him; 

     (b) prescribe  the  authorities  by  whom  passports  must  have  been  issued  or  renewed,  and  the 
conditions with which they must comply, for the purposes of this Act; and 

     (c) provide  for  the  exemption,  either  absolutely  or  on  any  condition,  of  any  person  or  class  of 
persons from any provision of such rules. 

  (3) Rules made under this section may provide that any contravention thereof or of any order issued 
under the authority of any such rule shall be punishable with imprisonment for a term which may extend 
to five years, or with fine which may extend to fifty thousand rupees, or with both. 

  (4) All rules made under this section shall be published in the Official Gazette, and shall thereupon 
have effect as if enacted in this Act. 

[^1]. For Passport (Entry into India) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 91. 

 
 
  (5) Every  rule  made  under  this  Act shall  be  laid,  as soon  as  may  be  after it is made,  before  each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if,  before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.

3A. **Punishment for subsequent offences.**—Whoever  having  been  convicted  of  an  offence  under 
any rule or order made under this Act is again convicted of an offence under this Act shall be punishable 
with double the penalty provided for the later offence.

4. **Power of arrest.**—(1) Any officer of police, not below the rank of a sub-inspector, and any officer 
of the Customs Department empowered by a general or special order of the Central Government in this 
this  behalf  may  arrest  without  warrant  any  person  who  has  contravened  or  against  whom  a  reasonable 
suspicion exists that he has contravened any rule or order made under section 3. 

  (2) Every officer making an arrest under this section shall, without unnecessary delay, take or send 
the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the 
nearest  police-station  and  the  provisions  of section  57  of  the  Code  of  Criminal  Procedure,  1973 
(2 of 1974),, shall so far as may be, apply in the case of any such arrest. 

5. **Power of removal.**—The Central Government may,  by  general  or  special  order,  direct  the 
removal of any person from India who, in contravention of any rule made under section 3 prohibiting 
entry  into India without  passport,  has  entered  therein,  and  thereupon  any  officer  of  the  Government 
shall have all reasonable powers necessary to enforce such direction. 

6. *[Application of Act to Part B States.]—Omitted by the Part B States (Laws) Act*, 1951 (3 of 1951), 
1951), 
s. 3 *and Schedule.*