Foreigners Act, 1946

Under Section 2(a), a foreigner was any person who was not a citizen of India. The Foreigners Act, 1946 gave the Central Government broad powers to control a foreigner's entry, stay, movement, conduct and departure through executive orders.

Core order-making power

Under Section 3, the Central Government could issue orders concerning foreigners generally, a class of foreigners, or a particular foreigner. Such orders could prohibit, regulate or restrict their entry into India, departure from India, presence or continued presence in India.

Specific controls that could be imposed

• The Government could prescribe the times, routes, ports, places and conditions governing a foreigner's entry or departure.
• It could prohibit continued stay, require removal to a specified area, or restrict residence and movement.
• It could require identity particulars, reporting to authorities, photographs, fingerprints and medical examination.
• It could regulate association with specified persons, participation in specified activities, possession of specified articles and other aspects of conduct.
• It could require a bond, with or without sureties, and order arrest, detention, confinement or removal from India, including detention pending removal.

Ancillary powers and legal position

The Government could regulate the custody and discipline of detained foreigners under Section 4, determine the authority and procedure for deciding disputed nationality questions under Section 8, grant exemptions under Section 3A, and delegate statutory functions under Section 12. The Act was subsequently repealed and replaced by the Immigration and Foreigners Act, 2025, subject to its savings provisions.