Foreigners Act, 1946
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The Foreigners Act, 1946 was an Act of the
Imperial Legislative Assembly The Central Legislative Assembly was the lower house of the Indian Legislature, the legislature of British India. It was created by the Government of India Act 1919, implementing the Montagu–Chelmsford Reforms. It was also sometimes called t ...
enacted to grant the certain powers to the
Interim Government of India The Interim Government of India, also known as the Provisional Government of India, formed on 2 September 1946 from the newly elected Constituent Assembly of India, had the task of assisting the transition of British India to independence. It ...
in matters of foreigners in
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
. The Act was enacted before India became independent.It was repealed by Immigration and Foreigners Act 2025.


Provisions

The Act defines a foreigner as "a person who is not a citizen of India". Section 9 of the Act states that, where the nationality of a person is not evident as per Section 8, the onus of proving whether a person is a citizen of India shall lie upon such person. According to the Foreigners (Report to the police) Order, 2001, made under the Foreigners Act 1946, where any person who has reason to believe that a foreigner has entered India without valid documents or is staying in India beyond the authorized period of stay accommodates such a foreigner in a premises occupied, owned or controlled by him, for whatever purpose, it shall be the duty of such a person to inform the nearest police station, within 24 hours, of the presence of such foreigner.The Foreigners Act, 1946
Indian Kanoon.
The Foreigners Act empowers the Indian government to detain a person until deportation back to their country of origin.


See also

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Illegal immigration to India An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amende ...
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Citizenship (Amendment) Act, 2019 The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted refugees of religious minorit ...
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Indian nationality law India has two primary pieces of legislation governing nationality requirements, the Constitution of India and the Citizenship Act, 1955. All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by ...
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National Register of Citizens of India The National Register of Citizens (NRC) is meant to be a register of all Indian citizens whose creation was mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illeg ...
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Illegal Migrants (Determination by Tribunal) Act, 1983 The Illegal Migrants (Determination by Tribunals) (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in ''Sarbananda Sonowal v. Union of Ind ...
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Refugees in India Since its independence in 1947, India has accepted various groups of refugees from neighbouring countries, including partition refugees from former British Indian territories that now constitute Pakistan and Bangladesh, Tibetan refugees that ...
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Overseas Citizenship of India Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin which allows them to live and work in India indefinitely. It allows the cardholders a lifetime entry to the country along with benefits suc ...


References

Acts of the Imperial Legislative Council 1946 in law Expatriates in India 1946 in India Foreign relations of India Indian nationality law Legislation in British India {{India-law-stub