The Citizenship Act, 1955
ACQUISITION OF CITIZENSHIP
Section 3: Citizenship By Birth
Bare Act
3. Citizenship by birth
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Except as provided in sub-section (2), every person born in India:
- on or after the 26th day of January, 1950, but before the 1st day of July, 1987;
- 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;
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on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where:
- both of his parents are citizens of India; or
- one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth,
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A person shall not be a citizen of India by virtue of this section if at the time of his birth:
- 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
- his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.
Simplified Act
Simplified Explanation of Citizenship by Birth
- Generally, if you were born in India, you are an Indian citizen by birth:
- If you were born between January 26, 1950, and July 1, 1987;
- If you were born after July 1, 1987, but before the Citizenship (Amendment) Act of 2003 started, and one of your parents was an Indian citizen when you were born;
- If you were born after the Citizenship (Amendment) Act of 2003 be… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a scenario where a couple has a baby on the 2nd of August, 1990, in Delhi, India. The father of the baby is a citizen of India, but the mother is a citizen of Canada. According to Section 3 of The Citizenship Act, 1955, the baby would automatically acquire Indian citizenship by birth because the baby was born in India after July 1, 1987, and one of the parents (the father) was a citizen of India at the time of the baby's birth.
