Wednesday, May 25, 2011

Summary on Passport Act, 1920

Passport (Entry into India) Act, 1920 (No. 34 of 1920)

The Passport (Entry into India) Act was enacted in 1920.The main aim of the act was to take power to require the passports of persons entering in India and is extended up to the whole India. The entry prescribed in this act means entry through all the means either sea water or air. [1]This act under the power of central government makes strict provision to prohibit the entry of person to India from foreign countries without a passport.
The passport act 1920 also grant punishments of offenses under any rule or order made by this act is again convicted of an offense under this act shall be punishable with double penalty provided for the later offense. The Passport(Entry into India)Act,1920 also granted the power to police officers not below the rank of sub-inspector, and any officer of the customs department to arrest any person without warrant who has contravened any rule or order made under section 3 of Passport(Entry into India)Act,1920.[2]
The Central Government may, by general or special order, direct the removal of any person from India, who in contravention of any rule made under Section 3 prohibiting entry into India without passport, has entered there in, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such direction.

Vishnu Devaraj. J
3rd Semester Student
National University of Advanced Legal Studies
Kaloor, Kochi - 682 017

[1] 2. Definitions. In this Act unless there is anything repugnant in the subject or context, -
"Entry" means entry by water, land or air
"Passport" means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs; and
"Prescribed" means prescribed by rules made under this Act.
[2] 4.Power of arrest: (1)Any officer of police, not below the rank of a sub-inspector and any officer of the Customs Department empowered by a general or special order of the "[Central Government][7] in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3.
(2)Every officer making an arrest under this section, shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer in-charge of the nearest police station and the provisions of section 61 of the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply in the case of any such arrest.

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