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Overstaying on Indian Visa

Updated on Jun 06, 2024 | Online Indian Visa

India is a wonderful destination famous for its scenic hill stations, beautiful beaches, historical monuments, and diversified culture and traditions. And most tourists visiting India would like to take extended vacations or enjoy a gap year.

But the travelers should be aware that they have to deal with the consequences of overstaying in India with eVisa, as the immigration department of India has imposed strict penalties for those who do not follow the rules and regulations of the eVisa. Every year around millions of tourists visit India, so if it's overcrowded with tourists it might be difficult to deal with, so overstaying can lead to serious penalties.

To avoid any unwanted scenarios, travelers to India are requested to know the consequences of overstaying in India. This article will help you to know about the different types of penalties you might face and how you can actually extend your stay legally in India. By ensuring to follow the rules and regulations listed by the government of India, you will have an enjoyable trip to this country.

So foreign tourists planning a trip to India, to discover the sightseeing places or visit friends and relatives, are required to apply for the India e-Tourist Visa (or eVisa India). In case you are visiting India with the e-Business Visa and want to visit the sightseeing places as well, then he should apply for the Indian e-Visa. The immigration authority of India encourages visitors to apply for the Indian Online Visa for a hassle-free entry to India.

Overstaying Your Indian Visa: Consequences and Penalties

It is important to know that the foreign tourists traveling to India should stick to the time offered to them. The travelers should follow the guidelines specified on their travel authorization visa, and the time mentioned on their business, tourist and medical visas.

Overstaying on any of the visas could lead to legal and financial penalties, that includes fines, detention and deportation. Therefore, travelers are required to keep a track on their visa expiry date, and plan your departure from the country on time to avoid any adverse effect or serious consequences.

Traveler with the eVisa should know that overstaying is illegal

Tourist visa and business visa has a limited stay of 180 days, and medical visa with a limited stay of 60 days.

Traveler will be considered as an illegal immigrant, if he overstays once the visa expires.

There are many consequences that you will be responsible for if you overstay like heavy fines, deportation, ban from future entry, imprisonment, etc.

Do check when the visa expires, so that you can book your departing flight on-time. It is in fact one of the most important things to do when you receive your approved eVisa, check the validity date.

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Foreigners who need to visit India on a crisis basis can apply for the Emergency Indian Visa. If you are staying outside India and need to visit the country on an emergency basis for situations like sudden death of an immediate family member, or serious illness of an immediate family member or have to visit the court for legal procedures, they can apply for the eVisa for emergency. Check the important points about The Emergency Visa to Visit India.

Penalties Imposed for Exceeding Stay with the Indian Visa

Overstaying on an Indian visa is strictly not allowed in India, it is in fact a serious offense and can result in heavy fines and penalties.The fines vary depending on when the visa has been exceeded. Here is a list of the fines that can be imposed on any traveler exceeding his visa stay:

  • With a duration of 90 days stay, exceeding would lead to a $300 fine.
  • With a duration of 91 days to 2 years, exceeding would lead to a $400 fine.
  • With a duration of 2 years, exceeding the stay would lead to a $500 fine.

However, the penalties and fines imposed might change in accordance with the changing rules set by the government of India. Also, the fines may also vary depending on the visa type, for example, the fine for a business visa is high.

The best way to avoid the fines is to adhere to the time duration set by the government of India on each visa type. To avoid any penalties and fines, foreign travelers are appealed to leave India before the visa expires.

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If you are a traveler having the US citizenship right or the US passport and planning for a trip to India, for them the easiest way to enter the country is to apply for the eVisa. Learn here more about the India Visa Application Process for US Citizens.

Legal Consequences of Overstaying an Indian Visa

If you have exceeded your stay in India, you will have to bear financial penalties and some legal actions will be taken against you as well. For overstaying on a shorter period, the travelers will face legal actions and those travelers who have committed a crime in India will be banned from future entry into the country, depending on the nature of the crime, for a specific period or forever.

For overstaying for longer periods, the Indian law imposes 5 years of imprisonment and a heavy fine. This is applicable when the overstay is more than the time period of the visa. Often in such cases, the traveler may face a permanent ban from entering India.

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Travelers hoping to visit the land of the kings, i.e. Rajasthan should apply for the tourist visa. You can enjoy a royal vacation here, visiting forts and palaces, ancient temples, the vibrant markets, eating the local traditional Rajasthani cuisines and more. To know about the land of the kings, check the Tourist Guide to Palaces and Forts in Rajasthan.

Extending Your Stay in India: What You Need to Know

Travelers planning to extend their visa beyond the provided visa duration, there are certain rules for doing so, you can’t simply extend your stay according to your will.

Firstly, travelers planning to extend their stay, need to request for the same before the expiry of the visa.

For travelers visiting India with short e-Visas like the tourist visa, they cannot extend their stay or renew their visa.

Those with long-term stay visas, for them extension may be possible, but have to apply for it in advance for the expiry date.

Travelers with a visa which has a validity of 6 months and is registered with the FRRO (abbreviation for Foreign Regional Registration Office), are allowed to extend their stay. So, before the visa expires, it is important for the visitor to register for the extension of the visa at least 60 days in advance.

Overstaying on your visa is not allowed, as mentioned earlier, it can lead to heavy fines, penalties, legal actions and even banned from entering India. To avoid creating any problems for oneself, it is better to apply for a valid Indian visa. eVisa application is quite easy and the applicant can complete filling the details in a few steps. The processing time required is 2-4 days, and you can enjoy a 6 month trip to India.

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Indian is a land of diversified geography, with varied species of rich flora and fauna. To make your trip to India more exciting tourists can visit Nagaland, a land immersed with rich culture, traditions and untouched beauty. Here, learn about this north-east destination in India in the Travel Guide to Nagaland, India.


Citizens of many countries including United States, France, Denmark, Germany, Spain, Italy are eligible for India e-Visa(Indian Visa Online). You can apply for the Indian e-Visa Online Application right here.

Should you have any doubts or require assistance for your trip to India or India e-Visa,contact Indian Visa Help Desk for support and guidance.