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When traveling overseas, you’re subject to the laws of that country even if you’re a citizen of another country. Breaking foreign laws, even inadvertently, can lead to fines, imprisonment, or deportation. It’s important to educate yourself about some of the laws that are relevant to you asa traveler.

Local Laws in India Travelers Should Know

Indian law is a complex mix of criminal law, customary law, tort law, and personal laws. But you don’t need to know the ins and outs of the Indian legal process to make your way around the country without incident.

You should, however, be acquainted with the aspects of Indian law that can impact and affect you as a traveler, including drinking laws, import restrictions, and where it’s illegal to take photos. Here are some local laws relevant to foreign travelers in India, as well as what to do if you run afoul of the Indian authorities.

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Currency

If you’re bringing more than US$5,000 into the country in cash, you need to declare it upon arrival.

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Photographs and Video Recordings

Don’t take pictures or videos of restricted, off-limits, or sensitive areas, such as airports, military installations, or government buildings. Some temples or religious sites also prohibit video recordings or photography, so check for posted guidelines.

The photo ops may be tempting, but it’s considered offensive and taboo to photograph some cultural practices, like cremations or funerals, so it’s best to put the camera away. If you want to take a photograph of someone, be respectful and ask first.

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Passports and Visas

Foreign travelers are required to bring and carry a valid passport and a valid visa to enter India.There are only a few exceptions to this, like if you have an Overseas Citizen of India card or are a citizen of Nepal, Bhutan, or the Maldives.

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Drinking

India’s legal drinking age is 21. Public drunkenness and drinking in public places is prohibited.

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Smoking and Tobacco

In India, smoking is prohibited in public spaces.

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Drugs

The Indian penal code imposes severe legal consequences if you’re found using or possessing illegal drugs in India. Both are strictly prohibited.

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Wildlife and Animals

Hunting and poaching are against the law. Be wary of buying any products made from endangered wildlife.

Cows are sacred to Hindus, and many Indian states have laws against importing, exporting, or selling beef. Cow-slaughter laws make it illegal to deliberately kill or maim a cow, so if you’re planning on driving during your time in India, keep your eyes on the road.

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Legal Rights for Women

To avoid sexual harassment, only female police officers can arrest and escort women to the police station. A woman can also only be arrested between 6:00 am and 6:00 pm, according to the India Code of Criminal Procedures.

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LGBTQ+ Travelers

Homosexuality was technically decriminalized in India in 2018, although the country’s conservative cultural norms mean that LGBTQ+ travelers should still exercise caution. (Please also see Public Displays of Affection below).

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Public Displays of Affection

Indian laws about public displays of affection can be vague or vary by location, which gives local police flexibility and wiggle room when enforcing these laws. Still, it’s best to err on the side of caution and defer from public displays of affection. That includes kissing, holding hands, or hugging.

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Dress Code

Relevant to modesty laws, you can get in trouble for wearing revealing clothes, like low-cut shirts or shorts. It’s best to always dress modestly to avoid causing major offense, especially at religious sites.

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Caste System Discrimination

Discriminating against people based on their religion or their place in the Indian caste system is illegal.

India Extraterritorial Jurisdiction

India does have extraterritorial jurisdiction laws, meaning it can apply and enforce its laws outside the country. However, this typically only applies to Indian nationals and not foreign visitors.

India has extradition treaties with many countries, including the United States. If a severe-enough crime is committed in India and you leave the country, you could face extradition in order to stand trial.

Breaking the Law While Visiting India

Depending on the offense, breaking the law in India could result in fines, imprisonment, deportation, or being blacklisted from ever returning to the country. Minor offenses, like littering or traffic violations, usually only result in a fine. But bigger offenses could lead to being arrested and imprisoned.

If you’re arrested and imprisoned in India, you should immediately seek legal assistance from a reputable law firm or lawyer. You should also immediately alert your country’s embassy or consulate. They can provide assistance and guidance on what you should do next.

India: Know Before You Go

Obtaining the proper visa is an essential part of planning your trip. At Entriva, we can easily and efficiently help with every aspect of getting an India visa. Start your visa application process.

Doing your research before traveling helps you avoid issues and be prepared in case of an emergency. For more information on other aspects of travel to India, including travel restrictions, health and safety, local culture and customs, and the possibility of extending your stay, visit our India content hub.