The Foreigners Act, 1946

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The Foreigners Act, 1946
An Act to confer upon the Central Government certain powers in respect of foreigners
CitationAct No. 31 of 1946
Enacted byCentral Legislative Assembly
Date enacted23 November 1946
Status: In force

The Foreigners Act, 1946 is an Act of the Central Legislative Assembly enacted to grant the certain powers to Indian government in matters of foreigners in India. The Act was enacted before India became independent.


The Act defines the 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 preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.[citation needed]

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 foreigner in a premises occupied, owned or controlled by him, for whatever purpose, it shall be the duty of such person to inform the nearest police station, within 24 hours, of the presence of such foreigner.[citation needed]

Foreigners Act empowers the Indian administration to detain a person until he/she is deported back to his/her own country.[1]


  1. ^ "In Strident Campaign, Jammu Politicians Target Rohingya Muslim Refugees", The Wire, 7 February 2017