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Report No. 175

5. Substitution of new sections for section 14.

For section 14 of the principal Act, the following sections shall be substituted, namely:-

"14. Penalg for the contravention of the provisions of the Act, etc.

Whoever - (a) contravenes such of 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 contravention of which no specific punishment is provided under this Act; or

(b) remains in India or in any area therein with or without a valid passport, exceeding the period for which the visa or -other travel document or permit issued to him for such purpose is valid;

(c) does any act in violation of the conditions of the visa or other travel document or permit issued to him for his entry and stay in India or any part therein; 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 bond in pursuance of clause (t) of sub- section (2) of sections 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty therefore or show cause to the satisfaction of the Immigration Court why such penalty should not be paid by him.

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 requisite 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 but may extend to fifty 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 therein, or show cause to the satisfaction of the Immigration Court why such penalty should not be paid by him.

14B. Penalty for abetment

Whoever abets any offence punishable under section 14 or section 14A 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 a 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 India Penal Code."



The Foreigners (Amendment) Bill, 2000 Back




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