Madras HC Upholds 2-Year Sentence For Bangladeshi Man Who Entered Without Papers, Cuts Fine-Default Jail To 3 Days, Directs Deportation Within 30 Days Of Completing Sentence

The appellant, a Bangladeshi national, was arrested with ten others in Tiruppur on 28 January 2025.

The prosecution alleged that he had entered and remained in India without a valid passport, visa, or other travel document.

The trial court convicted him under Section 14A(b) of the Foreigners Act, 1946, and sentenced him to two years’ rigorous imprisonment and a fine of ₹10,000, with three months’ simple imprisonment in default of payment.

On appeal under Section 415(2) of the BNSS, the appellant did not challenge the finding of guilt and sought reduction of sentence, submitting that he had been in custody since January 2025.

He had stated at trial that his family lived in Bangladesh and that he would return there.

The conviction was under Section 14A(b) of the Foreigners Act, 1946, for which the trial court imposed a two-year term of imprisonment and a fine; the High Court treated the imprisonment term as the statutory minimum.

The appeal was brought under Section 415(2) of the BNSS.

In relation to deportation, the Court referred to M/s. Maja Daruwala and another v. State of West Bengal, 2025 Law Finder SC 4783, and directed the authorities to act consistently with the observations in that decision.

The Court found that the prosecution had established the appellant’s Bangladeshi nationality and his entry into India without valid documents, relying, among other matters, on his birth certificate and the evidence of the prosecution witnesses; the appellant did not challenge the finding of guilt.

It held that the trial court had imposed the minimum imprisonment term and found no infirmity warranting a reduction of that term or the fine.

However, considering the circumstances, it reduced the default imprisonment for non-payment of the fine from three months to three days.

The appellant’s stated intention to return to Bangladesh informed the direction concerning deportation.

The default sentence was reduced to three days’ simple imprisonment.

The authorities were directed to take appropriate action to ensure the appellant’s deportation to Bangladesh within 30 days after he had undergone his sentence.