We live in a Liberalized, Privatized, and Globalized world. In this globalized and liberalized world, where people of one country might get the situation to travel to another, it is essential to ensure the laws are known to such travelers not to a great extent but at least to a required amount. We all know that a Mistake of fact is permissible, but the mistake of law is not permissible at all, which means that if there is any act that is deemed to be known to any person, then any breach would ultimately make such person liable under the law. There can be many case references that can be cited under criminal law. Slightly moving ahead, this article will be looking into some of the laws that a foreigner or a tourist should know or what law expects from such a tourist when he or she lands in India and spends time in the Indian Territory.
Indian Laws relating to Tourists:
When a tourist visits another country for any purpose, it is obvious that general laws will automatically apply. These general laws would include supreme Laws of the land – the constitution of such country, and Penal provisions will come into the picture in case of offenses committed and certain other special laws regulating their conduct once they land that particular land.
Coming to Indian laws, apart from the Indian Constitution and the Indian Penal code, there are some special laws regulating the conduct of the tourists in India, which the tourists should know once they reach the nation. ‘Tourist’ has been defined under rule 2(j) of registration of foreigners’ rules, 1992 as follows
“a Foreigner having no residence or occupation in India whose stay in India does not ordinarily exceed six months, who has no other object in visiting India than recreation, sight-seeing or attending, in a representative capacity, meetings convened by the Government of India or International bodies”
These special laws are,
- Passport (entry into India) act of 1920
- Registration of Foreigners act, 1939
- Foreigners act of 1946
Let us look into each of such laws and the requirements that each law vests on the tourists when they reach India.
Passport (entry into India) act of 1920 and rules of 1950:
It was enacted during the pre-independent era, that is, on September 9th, 1920.
- The preamble of the act states that it is an act that empowers the authorities in India to require the passports of any person who enters the Indian Territory. This means that if a person enters India either as a visitor or for any other purpose, such person should show the passport whenever required by the concerned authorities under this act.
- But what do we mean by entry, and what are the modes of entry into India that the act states? Section 2 defines the entry to include the entry by means of water, land, or by air. Similarly, it also defines the term passport to mean the passport which satisfies the conditions relating to the class of passports to which it belongs. Conditions of valid passports have been mandated under rule 5 of the Passport rules of 1950.
- As per the rules of 1950, any person entering India shall not be considered to be validly traveled only because of the fact that they traveled through extra-territorial waters or land.
- It has been noted that all the provisions of the rules should be strictly complied with. If any person does anything, which includes – entering without a valid passport or forged one, contravenes or abets to contravene rule 3 or rule 4, and then such person shall be punished with imprisonment of not less than five years or a fine up to 50 thousand rupees.
Registration of Foreigners act, 1939 and rules of 1992:
As per this act, the foreigners who arrive in India shall be required to fulfill their registration conditions as a foreigner under this act of 1939 and as per the rules mentioned therewith.
- Section 7 of the act gives protection to any person acting under the act. It states that no legal proceedings or suits shall be made against any person who has acted in good faith or intended to do such act in good faith.
- As per the rules of 1992, every foreigner should provide a report on his arrival and departure from India to the registration officer authorized for such purpose, all the particulars that are required by him.
- Similarly, he should register himself with the registration officer by mentioning his place of residence in India, and in case of non-residence, then such person shall give the address of any person through whom he has entered India as a tourist or traveler or employer who is an Indian citizen. Once registered, then the certification should be possessed by such a person.
- Rules 9 and 10 make a duty on the foreigner to produce the proof of Identity or passport that is valid before the registration officer or police or magistrate or any other person not below the head constable within 24 hours on-demand by such persons.
- Once the person departs from India, then the certificate of registration should be handed over to the registration officer.
Foreigners act of 1946 and rules 1964:
- An absolute regulation of a foreigner within India has been enshrined under the Foreigners act of 1946 and the rules made thereunder. A foreigner has been defined to include any person who is not a citizen of India, which is broadly applicable as well.
- Section 3 of the Act empowers the government to make any order for any purpose which will restrain or enable the foreigner from doing such acts. For example, foreigners shall not be allowed to proceed or reside in any restricted zones in India. There is absolute prohibition unless with authority.
- Section 3 should be properly complied with when a foreigner arrives in India or if the government makes any order on such a foreigner.
- Section 3A exempts certain categories of persons from the applicability of the act of 1946.
- Section 7 vests certain duties on hotel keepers to furnish the particulars on such foreigner residing in such place.
- As per section 8, if a foreigner’s nationality is uncertain, then the nationality shall be determined on the basis of his close connection with one of such countries. Section 14, 14A, 14B, and 14C provide for punishments in case of certain offenses such as forged passports, entering restricted areas, etc.
- Foreigners’ (tribunals) rules of 1964 deal with the constitution of tribunals and adjudication of issues relating to foreigners who arrive and depart from India.
