#THE FOREIGNERS ACT, 1946 

**(Modified as on 3rd December, 2018)**
__________ 

##ARRANGEMENT OF SECTIONS 
_______ 

SECTIONS 
1. Short title and extent. 
2. Definitions. 
3. Power to make orders. 
3A. Power to exempt citizens of Commonwealth Countries and other persons from application of Act 
  in certain cases. 
4. Persons on parole. 
5. Change of name. 
6. Obligations of masters of vessels, etc. 
7. Obligation of hotel keepers and others to furnish particulars. 
7A. Power to control places frequented by foreigners. 
8. Determination of nationality. 
9. Burden of proof. 
10. [Repealed.]. 
11. Power to give effect to orders, directions, etc. 
12. Power to delegate authority. 
13. Attempts, etc., to contravene the provisions of this Act, etc. 
14. Penalty for contravention of provisions of the Act, etc. 
14A. Penalty for entry in restricted areas, etc. 
14B. Penalty for using forged passport. 
14C. Penalty for abetment. 
15. Protection to persons acting under this Act. 
16. Application of other laws not barred. 
17. [Repealed.]. 


 
#THE FOREIGNERS ACT, 1946 

##ACT No. 31 OF 1946

[23rd November, 1946.] 

An  Act  to  confer upon  the  Central  Government  certain  powers  in  respect  of 
  foreigners. 

  WHEREAS it is expedient to provide for the exercise by the Central Government of certain powers in 
respect of the entry of foreigners into India, their presence therein and their departure therefrom. 

  It is hereby enacted as follows:— 

1. **Short title and extent.**—(1) This Act may be called the Foreigners Act, 1946. 

  (2) It extends to the whole of India. 

2. **Definitions.**— In this Act— 

  (a) “foreigner” means a person who is not a citizen of India;

  (b) “prescribed” means prescribed by orders made under this Act; 

  (c) “specified” means specified by direction of a prescribed authority. 

3. **Power to make orders.**—(1)  The  Central  Government  may  by  order  make  provision,  either 
generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed 
class or description of foreigner, for prohibiting, regulating or restricting the entry of  foreigners into 
India or their departure therefrom or their presence or continued presence therein. 

  (2) In particular and without prejudice to the generality of the foregoing power, orders made under 
this section may provide that the foreigner— 

     (a) shall not enter India or shall enter India only at such times and by such route and at such 
port or place and subject to the observance of such conditions on arrival as may be prescribed; 

     (b) shall not depart from India, or shall depart only at such times and by such route 
and from such port or place and subject to the observance of such conditions on departure 
as may be prescribed; 

     (c) shall not remain in India or in any prescribed areas therein; 

     (cc) shall, if he has been  required by  order under this section not to remain in  India, 
meet  from  any  resources  at  his  disposal  the  cost  of  his  removal  from  India  and  of  his 
maintenance therein pending such removal; 

     (d) shall remove himself to, and remain in, such area in India as may be prescribed; 

     (e) shall comply with such conditions as may be prescribed or specified — 

       (i) requiring him to reside in a particular place; 

       (ii) imposing any restrictions on his movements;

       (iii)  requiring  him  to  furnish  such  proof  of  his  identity  and  to  report  such 
particulars  to  such  authority  in  such  manner  and  at  such  time  and  place  as  may  be 
prescribed or specified; 

       (iv)  requiring  him  to  allow  his  photograph  and  finger  impressions  to  be  taken  and 
to  furnish  specimens  of  his  handwriting  and  signature  to  such  authority  and  at  such 
time and place as may be prescribed or specified;  

       (v)  requiring  him  to  submit  himself  to  such  medical  examination  by  such 
authority and at such time and place as may be prescrib ed or specified; 

       (vi)  prohibiting  him  from  association  with  persons  of  a  prescribed  or  specified 
description; 

       (vii) prohibiting him from engaging in activities of a prescribed or specified 
description; 

       (viii) prohibiting him from using or possessing prescribed or specified articles; 

       (ix) otherwise regulating his conduct in any such particular as may be prescribed or 
specified; 

     (f)  shall  enter  into  a  bond  with  or  without  sureties  for  the  due  observance  of,  or  as  an 
alternative  to  the  enforcement  of,  any  or  all  prescribed  or  specified  restrictions  or 
conditions; 

     (g) shall be arrested and detained or confined;

  and may make provision for any matter which is to be or may be prescribed and for such 
incidental and  supplementary matters as may, in the opinion of the Central Government, be 
expedient or necessary for giving effect to this Act. 

(3) Any  authority  prescribed  in  this  behalf  may  with  respect  to  any  particular  foreigner 
make orders under clause (e) or clause (f) of sub-section (2).

3A. **Power to  exempt  citizens  of  Commonwealth  Countries  and  other  persons  from 
application of Act in certain cases.**—(1)  The  Central  Government  may,  by  order,  declare  that  all  or 
any  of  the  provisions  of  this  Act  or  of  any  order  made  thereunder  shall  not  apply,  or  shall  apply 
only  in  such  circumstances  or  with  such  exceptions  or  modifications  or  subject  to  such  conditions  as

may be specified in the order, to or in relation to — 

     (a) the citizens of any such Commonwealth Country as may be so specified; or 

     (b) any other individual foreigner or class or description of foreigner. 

  (2) A copy of every order made under this section shall be placed on the table of both 
Houses of Parliament as soon as may be after it is made.

4. **Persons on parole.**— (1)  Any  foreigner  (hereinafter  referred  to  as  an  internee)  in 
respect  of  whom  there  is  in  force  any  order  made  under  clause  (g)  of  sub-section  (2)  of 
section  3,  directing  that  he  be  detained  or  confined,  shall  be  detained  or  confined  in  such 
place  and  manner  and  subject  to  such  conditions  as  to  maintenance,  discipline  and  the 
punishment  of  offences  and  breaches  of  discipline  as  the  Central  Government  may  from  time 
to time by order determine.

(2) Any foreigner (hereinafter  referred to as a  person on parole) in  respect of whom there 
is in force an order under clause (e) of sub-section (2) of section 3 requiring him to reside at a 
place  set  apart  for  the  residence  under  supervision  of  a   number  of  foreigners,  shall  while 
residing  therein  be  subject  to  such  conditions  as  to  maintenance,  discipline  and  the 
punishment  of  offences  and  breaches  of  discipline  as  the  Central  Government  may  from  time 
to time by order determine. 

(3) No person shall— 

  (a)  knowingly  assist  an  internee  or  a  person  on  parole  to  escape  from  custody  or  the 
place  set  apart  for  his  residence,  or  knowingly  harbour  an  escaped  internee  or  person  on 
parole, or 

  (b) give an escaped internee or person on parole any assistance w ith intent thereby to 
prevent,  hinder  or  interfere  with  the  apprehension  of  the  internee  or  the  person  on 
parole. 

(4) The  Central  Government  may,  by  order,  provide  for  regulating  access  to,  and  the 
conduct  of  persons  in,  places  in  India  where  internees  or  persons  on  parole  are  detained  or 
restricted,  as  the  case  may  be,  and  for  prohibiting  or  regulating  the  despatch  or  conveyance 
from  outside  such  places  to  or  for  internees  or  persons  on  parole  therein  of  such  articles  as 
may be prescribed.

5. **Change of name.**—(1) No foreigner who was in India on the date on which this Act 
came into force shall, while in India after that date, assume or use or purport to assume or 
use  for  any  purpose  any  name  other  than  that  by  which  he  was  ordinarily  known 
immediately before the said date. 

(2) Where,  after  the  date  on  which  this  Act  came  into  force,  any  foreigner  carries  on  or 
purports  to  carry  on  (whether  alone  or  in  association  with  any  other  person)  any  trade  or 
business under any name or style, other than that under which that trade or busin ess was being 
carried  on  immediately  before  the  said  date,  he  shall,  for  the  purposes  of  sub -section  (1),  be 
deemed  to  be  using  a  name  other  than  that  by  which  he  was  ordinarily  known  immediately 
before the said date. 

(3) In relation to any foreigner who,  not having been in India on the date on which this 
Act came into force, thereafter enters India, sub-sections (1)  and  (2) shall  have  effect as if 
for  any  reference  in  those  sub-sections  to  the  date  on  which  this  Act  came  into  force  there 
were substituted a reference to the date on which he first enters India thereafter. 

(4) For the purposes of this section — 

  (a) the expression “name” includes a surname, and 

  (b) a name shall be deemed to be changed if the spelling thereof  is altered. 

(5) Nothing in this section shall apply to the assumption or use — 

  (a) of  any  name  in  pursuance  of  a licence  or  permission  granted  by  the  Central 
Government; or 

  (b) by any married woman, of her husband’s name. 

6. **Obligations of masters of vessels, etc.** — (1) The master of any vessel landing or embarking 
at  a  part  in India passengers  coming  to  or  going  from  that  port  by  sea  and  the  pilot  of  any  aircraft 
landing or embarking at any place in India passengers coming to or going from that place by air, shall 
furnish to such person and in such manner as may be prescribed a return giving the prescribed particulars 
with respect to any passenger or members of the crew, who are foreigners. 

(2) Any District Magistrate and any Commissioner of Police or, where there is no Commissioner of 
Police, any Superintendent of Police may, for any purpose connected with the enforcement of this Act or 
any  order  made  thereunder,  require  the  master  of  any  such  vessel  or  the  pilot  of  any  such  aircraft  to 
furnish such information as may be prescribed in respect of passengers or members of the crew on such 
vessel or aircraft, as the case may be. 

(3) Any  passenger  on  such  vessel  or  such  aircraft  and  any  member  of  the  cr ew  of  such 
vessel or aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case 
may be, any information required by him for the purpose of furnishing the return referred to in 
sub-section (1) or for furnishing the information required under sub-section (2). 

(4) If any foreigner enters  India in contravention of any provision of this Act or any order 
made  thereunder,  the  prescribed  authority  may,  within  two  months  from  the  date  of  such  entry, 
direct the master of the vessel or the pilot of the aircraft on which suc h entry was effected or the 
owner  or  the  agent  of  the  owner  of  such  vessel  or  aircraft,  to  provide,  to  the  satisfaction  of  the 
said authourity and otherwise than at the expense of Government, accommodation on a vessel or 
aircraft for the purpose of removing the said foreigner from India. 

(5) The  master  of  any  vessel  or  the  pilot  of  any  aircraft  which  is  about  to  carry  passengers 
from  a  port  or  place  in  India  to  any  destination  outside  India,  or  the  owner  or  the  agent  of  the 
owner  of  any  such  vessel  or  aircraft  shall,  if  so  directed  by  the  Central  Government  and  on 
tender  of  payment therefore  at the  current  rates,  provide  on the  vessel  or  aircraft 
accommodation to such port or place outside India, being a port or place at which the vessel or 
aircraft is  due to  call, as  the  Central  Government  may  specify, for  any  foreigner  ordered  under 
section 3 not to remain in India and for his dependents, if any, travelling with him.

(6) For the purposes of this section — 

  (a) “master of a vessel” and “pilot of any aircraft”, shall include any person authorised by 
such master or pilot, as the case may be, to discharge on his behalf any of the duties imposed 
on him by this section; 

  (b) “passenger”  means  any  person  not  being  a  bona  fide  member  of  the  crew,  travelling  or 
seeking to travel on a vessel or aircraft. 

7. **Obligation of hotel keepers and others to furnish particulars.**—(1) It shall be the duty 
of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accom- 
modation  is  provided  for  reward,  to  submit  to  such  person  and  in  such  manner  such  information  in 
respect of foreigners accommodated in such premises, as may be prescribed. 

*Explanation.*—The information referred to in this sub-section  may relate to all or any of the 
foreigners  accommodated  at  such  premises  and  may  be  required  to  be  submitted  periodically  or 
at any specific time or occasion. 

(2) Every  person  accommodated  in  any  such  premises  shall  furnish  to  the  keeper  thereof  a 
statement  containing  such  particulars  as  may  be  required  by  the  keeper  for  the  purpose  of 
furnishing the information referred to in sub-section (1). 

(3) The keeper of every such premises shall maintain a record of the information furnished by 
him under sub-section (1) and of the information obtained by him under sub-section (2) and such 
record  shall  be  maintained  in  such  manner  and  preserved  for  such  period  as  may  be  prescribed, 
and shall at all times be open to inspection by any police officer or by a person authorised  in this 
behalf by the District Magistrate. 

(4) If  in  any  area  prescribed  in  this  behalf  the  prescribed  authority  by  notice  published  in 
such  manner  as  may  in  the  opinion  of  the  authority  be  best  adapted  for  informing  the  persons 
concerned  so  directs,  it  shall  be  the  duty  of  every  person  occupying  or  having  under  his  control 
any residential premises to submit to such person and in such manner such information in respect 
of  foreigners  accommodated  in  such  premises  as  may  be  specified;  and  the  provisions  of 
sub-section (2) shall apply to every person accommodated in any such premises.

7A. **Power to control places frequented by foreigners.**—(1) The prescribed authority may, 
subject to such conditions as may be prescribed, direct the owner or person  having control of any 
premises  used  as  a  restaurant  or  a  place  of  public  resort  or  entertainment  or  as   a  club  and 
frequented by foreigners— 

  (a) to close such premises either entirely or during specified periods, or 

  (b) to use or permit the use of such premises only under such conditions as may be specified, or 

  (c) to refuse admission to such premises either to all foreigners or to any specified foreigner or 
class of foreigner. 

(2) A person to whom any direction has been given under sub-section (1) shall not, while such 
direction  remains  in  force,  use  or  permit  to  be  used  any  other  premises  for  any  of  the  aforesaid 
purposes,  except  with  the  previous  permission  in  writing  of  the  prescirbed  authority  and  in 
accordance with any conditions which that authority may think fit to impose. 

(3)  Any  person to  whom  any  direction  has  been  given  under  sub-section (1) and  who  is aggrieved 
thereby may, within thirty days from the date of such direction, appeal to the Central Government; and 
the decision of the Central Government in the matter shall be final.

8. **Determination of nationality.**—(1)  When  a  foreigner  is  recongnised  as  a  national  by  the 
law of more than one foreign country or where for any reason it is uncertain what nationality if any 
is  to  be  ascribed  to  a  foreigner,  that  foreigner  may  be  treated  as  the  national  of  the  country  with 
which  he  appears  to  the  prescribed  authority  to  be  most  closely  connected  for  the  time  being  in 
interest or sympathy or if  he is of uncertain nationality, of the country  with  which he  was last so 
connected: 

  Provided  that  where  a  foreigner  acquired  a  nationality  by  birth,  he  shall,  except  where 
the Central Government so directs either generally  or in a particular case, be deemed to retain that 
nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by 
naturalization  or  otherwise  some  other  nationality  and  still  recognized  as  entitled  to  protection  by  the 
Government of the country whose nationality he has so acquired. 

(2) A decision as to nationality given under sub-section (1) shall be final and shall not be called in 
question in any Court: 

  Provided that the Central Government, either of its own motion or on an application by the foreigner 
concerned, may revise any such decision. 

9. **Burden of proof.**—If  in  any  case  not  falling  under  section  8  any  question  arises  with 
reference to this Act or any order made or direction given thereunder, whether any person is or is 
not a foreigner or is or is not a foreigner of a particular class or description the onus of proving 
that such person is not a foreigner or is not a foreigner of such particular class or description, as 
the  case  may  be,  shall  notwithstanding  anything  contained  in  the  Indian  Evidence  Act,  1872       
(1 of 1872), lie upon such person. 

10. *[Power to exempt from application of Act.] Rep. by the Foreigners Laws (Amendment) Act,* 1957 
(11 of 1957), s. 7 (w.e.f. 19-1-1957). 

11. **Power to give effect to orders, directions, etc.**—(1) Any authority empowered by or under 
or  in  pursuance  of  the  provisions  of  this  Act  to  give  any  direction  or  to  exercise  any  other  power, 
may, in addition to any other action expressly provided for in this Act, take, or cause to be taken such 
steps  and  use,  or  cause  to  be  used,  such  force  as  may,  in  its  opinion,  be  reasonably  necessary  for 
securing compliance with such direction or for preventing or rectifying any breach thereof, or for the 
effective exercise of such power, as the case may be. 

(2) Any police officer may take such steps and use such force as may, in his opinion, be reasonably 
necessary for securing compliance with any order made or direction given under or in pursuance of the 
provisions of this Act or for preventing or rectifying any breach of such order or direction. 

(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise 
thereof a right of access to any land or other property whatsoever. 

12. **Power to delegate authority.**—Any authority upon which any power to make or give any 
direction,  consent  or  permission or to do any other act is conferred by this Act or  by  any  order 
made  thereunder  may,  unless  express  provision  is  made  to  the  contrary,  in  writing  authorise, 
conditionally or otherwise, any authority subordinate to it to exercise such power on its behalf, and 
thereupon  the  said  subordinate  authority  shall,  subject  to  such  conditions  as  may  be  contained  in 
the authorisation,  be deemed to be the authority  upon which such power is  conferred by  or  under 
this Act. 

13. **Attempts,  etc.,  to  contravene  the  provisions  of  this  Act,  etc.**—(1)  Any  person  who 
attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contraven tion 
of, the provisions of this Act or of any order made or direction given thereunder, or fails to comply 
with  any  direction  given in  pursuance  of  any  such  order,  shall  be  deemed  to  have  contravened  the 
provisions of this Act. 

(2) Any  person  who,  knowing  or  having  reasonable  cause  to  believe  that  any  other  person  has 
contravened the provisions of this Act or of any order made or direction given thereunder, gives that 
other  person  any  assistance  with  intent  thereby  to  prevent,  hinder  or  otherwise  interfere  with  his 
arrest,  trial  or  punishment  for  the  said  contravention  shall  be  deemed  to  have  abetted  that 
contravention. 

(3) The  master  of  any  vessel  or  the  pilot  of  any  aircraft,  as  the  case  may  be,  by  means 
of  which  any  foreigner  enters  or  leaves India in  contravention  of  any  order  made  under,  or
direction  given  in  pursuance  of,  section  3  shall,  unless  he  proves  that  he  exercised  all  due 
diligence to prevent the said contravention, be deemed to have contravened this Act. 

14. **Penalty for contravention of provisions of the Act, etc.** — Whoever. — 

  (a) remains in any area in India for a period exceeding the period for which the visa was issued to 
him; 

  (b) does any act in violation of the conditions of the valid visa issued to him for his entry and stay 
in India or any part thereunder; 

  (c) contravenes the provisions of this Act or of any order made thereunder or any direction given 
in pursuance of this Act or such order for which no specific punishment is provided under this Act, 

shall be punished with imprisonment for a term which may extend to five years and shall also be liable to 
fine; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond 
shall  be  forfeited,  and  any  person  bound  thereby  shall  pay  the  penalty  thereof  or  show  cause  to  the 
satisfaction of the convicting Court why such penalty should not be paid by him. 

*Explanation.* — For the purposes of this section, the expression “visa” shall have the same meaning 
as  assigned  to  it  under  the  Passport  (Entry  into  India)  Rules,  1950    made  under  the  Passport 
(entry into India) Act, 1920 (34 of 1920). 

14A. **Penalty for entry in restricted areas, etc.** — Whoever. — 

  (a) enters into any area in India, which is restricted for his entry under any order made under 
this  Act,  or  any  direction  given  in  pursuance  thereof,  without  obtaining  a  permit  from  the 
authority, notified by the Central Government in the Official Gazette, for this purpose or remains 
in such area beyond the period specified in such permit for his stay; or 

  (b) enters  into  or  stays  in  any  area  in  India  without  the  valid  documents  required  for  such 
entry or for such stay, as the case may be, under the provisions of any order made under this Act 
or any direction given in pursuance thereof, 

shall  be  punished  with  imprisonment  for  a  term  which  shall  not  be  less  than  two  years,  but  may 
extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees; 
and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond 
shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the 
satisfaction of the convicting court why such penalty should not be paid by him. 

14B. **Penalty for using forged passport.**—Whoever  knowingly  uses  a  forged  passport  for 
entering into India or remains therein without the authority of law for the time being in force shall be 
punishable with imprisonment for a term which shall not be less than two years,  but may extend to 
eight years and shall also be liable to fine which shall not be  less than ten thousand rupees but may 
extend to fifty thousand rupees. 

14C. **Penalty for abetment.**—Whoever abets any offence punishable under section 14 or 
section  14A or  section 14B shall, if the act abetted is committed in consequence  of the abetment, 
be punished with the punishment provided for the offence. 

*Explanation.* —For the purposes of this section, — 

  (i) an act or offence is said to be committed in consequence of the abetment, when it is committed 
in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes 
the offence; 

  (ii) the expression “abetment” shall have the same meaning as assigned to it under section 107 of 
the Indian Penal Code (45 of 1860).

15. **Protection to persons acting under this Act.**—No  suit, prosecution or other legal proceeding 
shall lie against any person for anything which is in good faith done or intended to be done under this Act 

16. **Application of other laws not barred.**—The  provisions of this Act shall be in addition to, 
and not in derogation of, the provisions of the Registration of Foreigners Act, 1939 (16 of 1939), the 
Indian Passport Act, 1920 (34 of 1920), and of any other enactment for the time being in force. 

17. *[Repeals.] Rep. by the Repealing and Amending Act,* 1950 (35 of 1950), s. 2 and Sch. I. 