Foreigner - Definition - Law Dictionary Home Dictionary Definition foreigner

Definition :

Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]

It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]

The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.

A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a natural-born British subject and, therefore, not a foreigner, Fida Hussain v. State of Uttar Pradesh, AIR 1961 SC 1522 (1523). [Foreigners Order, (1948), para 7]

See also State of Assam v. Sikadar Ali, AIR 1972 SC 2166.