The Tripura High Court has modified the sentence of a Bangladeshi woman convicted under the Bharatiya Nyaya Sanhita (BNS) and the Passport (Entry into India) Act, directing that the remaining period of imprisonment be waived and that she be sent back to Bangladesh in accordance with the prescribed procedure.
Justice Dr. T. Amarnath Goud passed the order on September 21, 2026, while deciding a criminal appeal filed by Mst. Lija against her conviction and sentence.
Background
According to the prosecution, the appellant was detained on October 6, 2024, during checking at Ambassa railway station. The authorities alleged that she and another woman disclosed that they were Bangladeshi nationals and could not produce valid passports or visas for entering India.
After investigation, charges were framed under Section 336(3) of the BNS and Section 3(3) of the Passport (Entry into India) Act, 1920. The appellant pleaded guilty. The Sessions Judge, Dhalai, Ambassa, subsequently sentenced her to five years' simple imprisonment with a ₹10,000 fine under Section 336(3), and two years' simple imprisonment with another ₹10,000 fine under the Passport law.
Before the High Court, her counsel submitted that she had remained in custody since her arrest, had not misrepresented her identity and had pleaded guilty. The Court was requested either to reduce the sentence to the period already undergone or permit her return to Bangladesh through the applicable procedure.
During the proceedings, the High Court sought instructions from the Home Department on whether there was any objection to the deportation or repatriation of Bangladeshi nationals. The Public Prosecutor later informed the Court that the Tripura government had no objection to the appellant being sent back to Bangladesh.
A September 17 communication from the Home Department recorded the State's position. Referring to it, the Court observed:
"From the communication dated 17.09.2026, it is obvious that the State Government has no objection if the appellant is deported to her native country i.e. Bangladesh instead of keeping her in jail custody."
The High Court also noted that there was no antecedent against the appellant. Taking this circumstance and the State government's stand on repatriation into account, the Court considered it appropriate to take a lenient view.
The High Court modified the June 4, 2025 order to the extent that the appellant's sentence would stand limited to the period of custody already undergone. It waived the remaining sentence and directed the State to take the necessary steps to send her back to Bangladesh as per procedure.
The Court further directed:
"Till the appellant is pushed back to Bangladesh, she shall continue to stay in custody of the jail, but shall not be treated as convict."
With these directions, the High Court disposed of the appeal and any pending applications.
Case Details
Case Title: Mst. Lija v. State of Tripura
Case Number: Crl. A(J) 49/2026
Judge: Justice Dr. T. Amarnath Goud
Decision Date: September 21, 2026
