Court Rules Registration of Offence Under Foreigners Act, 1946 Invalid Following Enactment of Immigration and Foreigners Act, 2025
In a landmark decision, the Madhya Pradesh High Court has quashed the registration of an FIR against Mukhtiyar Ahmed Khan for an alleged offence under the Foreigners Act, 1946, following its repeal by the Immigration and Foreigners Act, 2025. The court's order, delivered by Justice Himanshu Joshi, underscores the principle that no prosecution can be initiated under a statute that is not in force at the time of the alleged act.
The case arose from an incident where a foreign national, Mohammad Saheb Khan, visited India to attend a family wedding. The police registered an FIR against Mukhtiyar Ahmed Khan, accusing him of failing to submit the requisite Form-C within 24 hours of the foreign national's stay at his residence. The FIR was filed under Sections 7 and 14 of the Foreigners Act, 1946, which was repealed by the new legislation effective from September 1, 2025.
Justice Joshi highlighted that the obligation to submit Form-C arises from the Registration of Foreigners Rules, 1992, which ceased to have force following the repeal of the Foreigners Act, 1946. The court found that the new Immigration and Foreigners Act, 2025, and its rules are the governing provisions for any acts or omissions occurring after the repeal date.
The court emphasized the absence of any saving clause in the Immigration and Foreigners Act, 2025, that would allow for the continuation of proceedings under the repealed Foreigners Act for acts committed after its repeal. As such, the registration of the FIR was deemed legally unsustainable.
Consequently, the court quashed the FIR registered as Crime No. 311/2025 at Police Station Chandiya, District Umaria, and all consequential proceedings stemming from it. The court clarified that this decision does not preclude the competent authorities from taking action in accordance with the provisions of the new Immigration and Foreigners Act, 2025, if deemed necessary.
This judgment reaffirms the fundamental principle of criminal jurisprudence that no person can be prosecuted under a law not in force at the time of the alleged offence, ensuring adherence to the rule of law and legislative changes.
Bottom Line:
Registration of offence under Foreigners Act, 1946 for acts occurring after its repeal by Immigration and Foreigners Act, 2025 is legally unsustainable.
Statutory provision(s): Foreigners Act, 1946 Sections 7, 14; Immigration and Foreigners Act, 2025; Registration of Foreigners Rules, 1992; Immigration and Foreigners Rules, 2025.
Mukhtiyar Ahmed Khan v. Union Of India, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2850321
