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 o r 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 1 [India] in contravention of any order made under, or
1. Subs. by Act 38 of 1947, s. 2, for “British India”.
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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.
1
[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 hi m.
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
1. Subs. by Act 16 of 2004, for s. 14 (w.e.f. 20-02-2004).
8
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.
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