Overstaying in India amounts to a criminal offense and is dealt with seriously. A foreigner who overstays in the country may have to pay a fine, face imprisonment and even be barred from entering the country in the future if the circumstance demands so. Regardless of whether one’s overstay is for a long or short period, the individual will be regarded as an illegal migrant.

Under Section 14 of the Foreigners Act, 1946, a foreign national who overstays his visa will be penalized. This section of the Act provides for penalizing a foreign national who remains in India for a period exceeding the period allowed by the visa. The penalty may extend to an imprisonment term of 5 years along with a monetary fine.

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