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Immigration · Passports · Visas

Passport and visa offences at the airport

Forged visas supplied by agents, deportee cases, duplicate passports and foreign nationals: which law applies, what the punishment is, and how bail and the way forward are planned.

Law stated as at 2 October 2026

The short answer

Short answer

When immigration finds a problem with a passport or visa, the traveller is usually handed to the airport police and an FIR follows. For Indian citizens that FIR typically invokes section 12 of the Passports Act, 1967 and the BNS forgery and cheating provisions. For foreign nationals it invokes the Immigration and Foreigners Act, 2025. The first questions are who supplied the document, what the traveller knew, and which provisions have actually been invoked.

Typical airport situations

SituationUsual provisionsThe real issue
Indian traveller departing on a visa that turns out to be forged, often supplied by an agentPassports Act s. 12; BNS forgery and cheatingKnowledge: was the traveller a participant or a victim of the agent?
Deportee returning to India whose passport or travel history shows irregularitiesPassports Act s. 12; BNS; sometimes the Emigration Act, 1983 against agentsSeparating the traveller's exposure from the agent's, and the traveller's value as a witness
Person holding two Indian passports, or a passport obtained by suppressing factsPassports Act s. 12(1) or (1A); impounding or revocation under s. 10(3)Intent, the explanation for the duplicate, and the separate passport-authority proceedings
Foreign national leaving after the visa expired, or in breach of visa conditionsImmigration and Foreigners Act, 2025Whether the breach was deliberate, and the exit and penalty process
Foreign national arriving on a forged visa or passportImmigration and Foreigners Act, 2025; BNSCustody, consular access, bail conditions and removal
ECR passport holder offloaded at emigrationEmigration Act, 1983 (clearance), not itself an offenceObtaining emigration clearance; an offence arises only if documents were falsified

Indian citizens: the Passports Act and BNS

  • Section 12(1), Passports Act. Knowingly giving false information to obtain a passport or travel document, altering a passport, and using another person's passport, among others. The punishment is imprisonment up to two years, a fine, or both.
  • Section 12(1A). A person who is not a citizen of India and obtains an Indian passport by concealing nationality, or possesses a forged passport or travel document, faces one to five years and a fine of ₹10,000 to ₹50,000.
  • Section 12(2). Abetment is punished like the offence. This is the provision usually invoked against agents.
  • BNS, 2023. Forgery (section 336), using a forged document as genuine (section 340) and cheating (section 318) are commonly added, and they change the bail position.
  • Passport action. Separately, the passport authority may impound or revoke the passport under section 10(3). That order is appealed under section 11, and a writ lies where the procedure fails.

Many travellers stopped with forged visas paid an agent who promised a genuine one. Where that is the case, the record built at the start, including payments, chats and the agent's details, decides whether the traveller is treated as an accused, a witness or a complainant.

Foreign nationals: the Immigration and Foreigners Act, 2025

The Immigration and Foreigners Act, 2025 came into force on 1 September 2025. It replaced the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers' Liability) Act, 2000, and the Immigration and Foreigners Rules, 2025 were notified with it.

OffencePunishment
Entering India without a valid passport or visa (section 21)Up to 5 years, a fine up to ₹5 lakh, or both
Using or supplying a forged or fraudulently obtained passport or visa (section 22)2 to 7 years and a fine of ₹1 lakh to ₹10 lakh
Overstaying or breaching visa conditions (section 23)Up to 3 years, a fine up to ₹3 lakh, or both

A foreign national's case also involves consular access, an interpreter, bail conditions that can actually be met, and the immigration consequences of the case, including exit permission and removal. These need to be planned together rather than one after another.

Bail and the way forward

  • Bail depends on the provisions actually invoked. Many Passports Act offences carry lower maximum sentences, but adding BNS forgery sections, or an allegation of an agent network, often makes the police and courts stricter.
  • The first production before the Magistrate is the moment to challenge an inflated set of charges and to propose conditions such as passport deposit, reporting and surety.
  • For deportees and agent-fraud victims, an early complaint against the agent, with payment records, changes how the case is seen.
  • Where a Look Out Circular has been opened in connection with the case, it is dealt with separately. See Look Out Circular.

How we assist

  • Bail at the first production and anticipatory bail where an FIR is expected after return.
  • Complaints against agents and the documentary record of the traveller's position.
  • Passport impounding and revocation appeals, and writ petitions.
  • Foreign nationals: bail, consular coordination, exit permission and immigration status.
How it unfolds

From the immigration counter to bail

The usual course of a document case. Tap a stage for detail.

  1. Stage 01

    Flagged at immigration

    A document is doubted at the counter; the traveller is held for verification.

  2. Stage 02

    Handover to police

    The Bureau of Immigration hands the traveller and the documents to the airport police.

  3. Stage 03

    FIR and statement

    An FIR under the Passports Act, BNS or the 2025 Immigration Act; the traveller's account of the agent and payments is recorded.

  4. Stage 04

    Arrest or notice

    Arrest with written grounds, or a notice of appearance.

  5. Stage 05

    Magistrate and bail

    Production and bail; conditions such as passport deposit and reporting.

  6. Stage 06

    Passport and status

    Passport impounding or revocation, its appeal, and the immigration status of foreign nationals.

Questions

Passport and visa offences: common questions

What happens if immigration finds a fake visa at the airport?

The traveller is usually handed to the airport police and an FIR is registered, typically under section 12 of the Passports Act and the BNS forgery and cheating provisions. The traveller is then arrested or given a notice, and bail is sought before the Magistrate. Whether the traveller knew the visa was forged is the central question.

I was deported from abroad. Will I be arrested on arrival in India?

Not automatically. Arrest usually follows only where the passport or travel record shows forgery, impersonation or a second passport. Travellers who were cheated by agents should keep payment records and messages, which can support a complaint against the agent.

What is the punishment for a forged passport or visa for a foreign national?

Under the Immigration and Foreigners Act, 2025, using or supplying a forged or fraudulently obtained passport or visa carries 2 to 7 years' imprisonment and a fine of ₹1 lakh to ₹10 lakh.

What is the penalty for overstaying a visa in India?

Under the Immigration and Foreigners Act, 2025, overstaying or breaching visa conditions can be punished with imprisonment up to 3 years, a fine up to ₹3 lakh, or both. In practice, many overstay cases are resolved through the exit and penalty process rather than prosecution.

Is holding two Indian passports an offence?

It can be, under section 12 of the Passports Act, depending on how the second passport was obtained. The passport authority can also impound or revoke the passport under section 10(3), with an appeal under section 11.

Is being offloaded at emigration an offence?

No. Offloading for a missing emigration clearance or a doubtful travel purpose is an administrative step. An offence arises only if documents were falsified.

Can a foreign national get bail in a passport or visa case?

Yes. Conditions must be ones the person can meet, such as passport deposit, reporting and surety. An embassy assurance is not mandatory if the embassy does not respond.

Enquiry

A passport or visa problem at the airport?

Tell us the airport, whether the traveller was arriving or departing, their nationality, and what the officers said.

Please do not send documents or confidential details in a first message. The airport, the agency, the date and a general description are enough to begin. A secure channel can be arranged once the enquiry has been acknowledged.

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