Court modifies sentence to period already served, waives remaining imprisonment, and directs State Government to deport appellant to Bangladesh, recognizing lack of antecedents and State's no-objection stance.
In a significant judgment delivered on 21st September 2026, the Tripura High Court, presided over by Justice Dr. T. Amarnath Goud, has modified the sentence of a Bangladeshi national, Mst. Lija, convicted for illegal entry into India. The appellant was originally sentenced to five years' rigorous imprisonment under Section 336(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS), along with two years' imprisonment under Section 3(3) of the Passport (Entry into India) Act, 1920, after being found without valid documents at Ambassa Railway Station.
The case arose from an incident on 6th October 2024, when the appellant, along with another female, was detained by security personnel at the railway station for suspicious behavior. Upon interrogation, both admitted they were Bangladeshi nationals who had entered India illegally without valid passports or visas. Following investigation and charge-sheeting, the appellant pleaded guilty before the Sessions Court and was convicted accordingly.
Upon appeal, the Tripura High Court took note of the appellant's candid admission of guilt, absence of any criminal antecedents, and the fact that she had already been in custody since her arrest. Crucially, the State Government, through a communication dated 17th September 2026 from the Under Secretary, Home Department, Government of Tripura, indicated it had no objection to the deportation of the appellant back to Bangladesh rather than her continued incarceration.
Considering these factors, the Court held that a lenient approach was warranted for a first-time offender who had not misrepresented her identity. The Court modified the sentence, reducing it to the period already undergone by the appellant in custody and waiving the remainder of the sentence. Further, it directed the State authorities to take all necessary steps to push back the appellant to Bangladesh in accordance with proper procedure.
The Court also clarified that until the deportation is effected, the appellant shall remain in jail custody but shall not be treated as a convict during this interim period.
This judgment reflects a balanced application of the law, weighing the seriousness of illegal entry against humanitarian considerations and the State's position on deportation. It underscores the judiciary's role in ensuring that sentencing serves justice in a nuanced manner, particularly in cases involving foreign nationals with no prior criminal record.
Bottom Line:
Sentence awarded to Bangladeshi national convicted for illegal entry into India under Section 336(3) of BNS and Section 3(3) of Passport (Entry into India) Act, 1920 can be modified to period already undergone and remaining sentence waived, where accused pleaded guilty, had no antecedents, and State Government had no objection to her deportation/push back to Bangladesh; till deportation, custody to continue but she shall not be treated as convict.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Section 336(3), Passport (Entry into India) Act, 1920 Section 3(3)
Mst. Lija v. State of Tripura, (Tripura) : Law Finder Doc Id # 2990639
