Citizenship by descent
Section 4 of the Citizenship Act, 1955 deals with citizenship by descent. A person born outside India shall be a citizen of India by descent,-- (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; The Act came into force on 30 Dec 1955.
1[(1) A person born outside India shall be a citizen of India by descent,--
(a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or
(b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth:
Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless--
(a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or
(b) his father is, at the time of his birth, in service under a Government in India:
Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless--
(a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or
(b) either of his parents is, at the time of his birth, in service under a Government in India:
Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,--
(i) within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), whichever is later; or
(ii) with the permission of the Central Government, after the expiry of the said period:
Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.
(1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.]
(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.
(3) For the purposes of the proviso to sub-section @I@(1)@/I@, 2[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.
Section 4, The Citizenship Act, 1955 (Act 57 of 1955).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Lal Babu Hussein vs Electoral Registration Officer
Court's Decision & Legal Precedent
When determining citizenship for electoral roll purposes, the authority must follow quasi-judicial procedure with full disclosure of material basis for suspicion, reasonable opportunity for affected person to be heard and rebut evidence, independent application of mind by the officer, and issuance of speaking order with reasons. Previous inclusion in electoral roll creates presumption of regularity and adequate probative value must be attached to it. All evidence, documentary or otherwise, must be entertained and assessed on merits. Mass verification exercises based on undisclosed police reports without individual inquiry violate principles of natural justice and are invalid.
On this section: Citizenship by descent
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 3 instruments name this provision in its title or its text without being made under it.
Questions about Section 4
What have the courts held on Section 4 of the Citizenship Act?
Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995) is the leading judgment on this section among those set out below: Citizenship by descent.
How do I find court cases under Section 4 of the Citizenship Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Citizenship Act 1955 4, section 4 Citizenship Act 1955, section 4 of the Citizenship Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Lal Babu Hussein vs Electoral Registration Officer (06 Feb 1995).
What should I read with Section 4 of the Citizenship Act, and has it changed?
2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently Delegation of Power to the Heads of Indian Mission,1955 (2015), then Delegation of power to Indian Mission dt 17-06-2015 (2015).
When did Section 4 of the Citizenship Act come into force?
Section 4 of the Citizenship Act, cited as Citizenship Act 1955 4, came into force on 30 Dec 1955, having been enacted on 30 Dec 1955. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.