Section 2. Interpretation

2. Interpretation .―(1) In this Act, unless the context otherwise requires,― (a) "a Government in India" means the Central Government or a State Government. 2[(b) "illegal migrant" means a foreigner who has entered into India― (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time;] 3[Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920) or from the application of the provisions of the Foreigners Act, 1946 (31 of 1946) or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act;] (d) "Indian consulate" means the office of any consular officer of the Government of India where a register of births is kept, or where there is no such office, such office as may be prescribed; (e) "minor" means a person who has not attained the age of eighteen years; 4 [(ee) "Overseas Citizen of India Cardholder" means a person registered as an Overseas Citizen of India Cardholder by the Central Government under section 7A;] (f) "person" does not include any company or association or body of individuals, whether incorporated or not; (g) "prescribed" means prescribed by rules made under this Act; 5* * * * * (h) "undivided India" means India as defined in the Government of India Act, 1935, as originally enacted. (2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. (3) Any reference in this Act to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred 1. This Act has been extended to the Union territory of Dadra and Nagar haveli, vide Notification No. S.O. 846, dated 17-31962, Gazette of India, Extraordinary, Part II, sec. 3(ii), page 517. The Union territory of Goa, Daman and Diu vide Notification No. S.O. 847, dated 17-3-1962, see ibid ., and to Pondicherry with modification vide Notification No. G.S.R. 1557, dated 24-11-1962, Gazette of India, Part II, section 3(i). 2. Subs. by Act 6 of 2004, s. 2, for clauses (b) and (c) (w.e.f. 3-12-2004). 3. Ins. by Act 47 of 2019, s. 2 (w.e.f. 10-1-2020). 4. Subs. by Act 1 of 2015, s. 2, for clause (ee) (w.e.f. 6-1-2015). 5. Omitted by Act 32 of 2005, s. 2 (w.e.f. 28-6-2005). before, and the birth occurs after, the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of his death. (4) For the purposes of this Act, a person shall be deemed to be of full age if he is not a minor and of full capacity if he is not of unsound mind. ACQUISITION OF CITIZENSHIP 1 [3. Citizenship by birth. ―(1) Except as provided in sub-section (2), every person born in India― (a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where― (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth. (2) A person shall not be a citizen of India by virtue of this section if at the time of his birth― (a) either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.]