‘Onus of proof on petitioner’: Calcutta High Court denies relief to Bangladeshi Hindu woman overstaying in India | Legal News
6 min readNew DelhiMay 7, 2026 04:54 PM IST Calcutta High Court news: The Calcutta High Court has refused relief to a Bangladeshi Hindu woman accused of overstaying in India without a valid visa, holding that under the Immigration and Foreigners Act, 2025, the onus is on her to confirm her right to stay in India. Justice Ajoy Kumar Mukherjee was hearing the woman’s plea seeking to quash the proceedings against her under Section 21 (penalty for entry without a valid passport or other travel document) of the Immigration and Foreigners Act. The woman alleged that the investigating officer falsely implicated her at the behest of her husband. “This provision is a corner-stone of the Act of 2025, designed to strengthen national security, streamline immigration and enables authorities to take action, such as deportation, if the individual fails to establish their no foreign status. Therefore, the onus to provide documentation, confirming citizenship or right to stay/overstay in India lies upon the questioned person/petitioner, shifting the burden away from the state,” the May 6 order of …







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