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Chandresh (Service)     26 July 2009

Visa Services & Penalty

If a foriegn national stays beyond the Visa Expiration in India and she is married to Indian, What is the penal action against her in the court of law. Can she rectify the state through payment of penalty?Which act and law is applicable?



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 1 Replies

Nirali Nayak   29 June 2021

Hello sir, greetings of the day.
As per your query, if a foreign national over stays in India the following things can happen. 
Section 14 The Foreigner’s Act, 1946 gives the penalty for contravention of provisions of the Act. It states that whoever remains in any area in India for a period exceeding the period for which the visa was issued to him or 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 there under or contravenes the provisions of this Act or of any order made there under 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. To put it simply, over staying in India beyond the visa date can lead to fine, and imprisonment of up to 5 years and even banishment from entering the country again. If the visa is valid for more than 180 days and the foreigner intends to stay in India continuously for more than 180 days, then every such foreigner entering India or resident in India shall present in person or along with an authorized representative to the satisfaction of the appropriate Registration Officer at the place of his stay within the specified period mentioned on visa except certain visa categories requiring registration within the specified time. If you are a foreigner and wish to renew your Indian visa, you must have a copy of your visa, a passport photo and also an application form for requesting your extension for overstaying. However, even though your Indian visa is optioned for renewal. 
In my opinion you should apply for visa renewal if your visa has expired. Because over staying beyond the visa date can lead to serious complications. 
Hope this information is useful.  
Regards
Nirali Nayak
Law Student


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