The Foreigners Act 1940, 2 of 1940, (Rep., Act 31 of 1946)

Section 6. Any District Magistrate and any Commissioner of Police or, where there is no Commissioner of Police,

Repealed or not in force · As amended up to 2026-08

6. Any District Magistrate and any Commissioner of Police or, where there is no Commissioner of Police, any Superintendent of Police, may, for any purpose connected with the enforcement of this Act or any order made thereunder, enter, with such assistance as he ma;y think fit, any vassel or aircraft at any port or place in British India and may- - (a) direct the master of the vessel or the pilot of the aircraft, as the case may be,- - (i) before any passenger disembarks, or before the vessel or aircraft leaves such port or place, of , of `1872.` OF 1940.1 Foreigners. place, as the case may be, to furnish a list in writing of the passengers who are on board or who have been carried on board at any time since the vessel or aircraft commenced its ,journey, or who have signified their intention of departing from British India on board such vessel or aircraft, setting out the ports or places at which they embarked, the ports or places of their disembarkation or intended disembarliation, and such other particulars as may be prescribed, and - (ii) to answer to the best of his ability any question relating to the passengers who are on board or who have disembarked in any part of British India ; and - (b) if any foreigner seeking to enter British India on board such vessel or aircraft does not give satisfactory reasons for entering British India, either- - (i) refuse to allow such foreigner to disembark from such vessel or aircraft, or - `(ii)` place him under such restraint as may be prescribed or specified. 7. If any question arises with reference to this Act Burden proof. or any order made or direction given thereunder, whether any person is or is not a foreigner or is or is not a foreigner of a pasticular class or description, the onus . of proving that such person is not a foreigner or is not a fdreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Indian Evidence Act, 1872, lie upon such person. of

Source: India Code