Unregistered agents sending Indians abroad risk jail: Know the law

Did you know recruiting Indians for jobs or education abroad without being registered as a Recruiting Agent (RA) under the Ministry of External Affairs can lead to imprisonment? Those who knowingly use such agents could also face trouble.

 

"Under Indian laws, it is only agents who are registered with the Ministry of External Affairs under the Emigration Act, 1983 who are authorised to provide overseas placement services," said Deepika Kumari, partner at King Stubb & Kasiva, Advocates and Attorneys.

 

"Engaging in such fraudulent immigration schemes can attract criminal liability under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (cheating), while human trafficking-related offences may invoke stringent provisions under Sections 359 and 360 of the BNS, 2023," she explained.

 

Consequences under the Emigration Act, 1983

 

1. Criminal offences & penalties  

Sending people abroad without PGE registration is a punishable offence.  

Penalty: Imprisonment of up to two years and/or a fine up to Rs 2,000 under Section 24 of the Act.  

Repeat offences can lead to stricter penalties.

 

2. Fraud & misrepresentation charges  

Unregistered agents who provide false job promises, take money fraudulently, or abandon workers abroad can be booked under Section 420 (cheating) of the Indian Penal Code (IPC).

 

3. Cancellation of passport  

The government can recommend the cancellation of the agent’s passport under the Passports Act if they are found guilty of illegal emigration activities.

 

4. Blacklisting & business ban  

The Ministry of External Affairs (MEA) maintains a list of blacklisted agencies and can permanently ban individuals or firms from recruitment-related business.

 

5. Raids & seizures  

Authorities can raid illegal recruiting offices, seize documents, and freeze bank accounts linked to fraudulent migration schemes.

 

6. Human trafficking charges (if applicable)  

Agents sending people abroad under false pretences (for instance: forced labour, sex work, bonded labour) can be prosecuted under the Immoral Traffic (Prevention) Act or the Bonded Labour Act.

 

Under the Emigration Act, 1983, individuals who pay unregistered agents to go abroad are generally not criminally liable, but they may face complications. The law primarily targets illegal agents and human traffickers, not workers who are deceived. However, there are risks for migrants:

 

Risks for migrants using unregistered agents

 

"To safeguard against such exploitation, individuals must be more aware of their rights, verify visa requirements through official sources, and report suspected fraud to authorities. The government has intensified enforcement actions against illegal immigration rackets," said Kumari.

 

1. Risk of deportation & entry denial  

Many countries check if an Indian worker has emigration clearance from the Protector of Emigrants (PoE).  

If found travelling without proper clearance, the migrant may be denied entry or deported.

 

2. Financial & legal trouble  

Victims often lose money to fraudulent agents.  

Using forged documents can lead to legal action abroad and in India.

 

3. Possible inquiry by Indian authorities  

Individuals caught using illegal agents may be questioned by Indian authorities on return.  

If they knowingly used fake documents, they could face charges under the Passport Act or IPC Sections for forgery (Sections 468, 471).

 

4. Struggles in claiming compensation  

Complaints can be filed, but recovering lost money is difficult. Registered agents follow government regulations, making disputes easier to handle.

 

Who is liable?

The unregistered agent is the primary offender.  

The migrant is usually treated as a victim, unless they were aware of illegal practices (e.g., using forged documents).

 

Legal remedies for victims

File a complaint with the Protector of Emigrants (PoE) or police under Section 10 & 24 of the Emigration Act.  

Report fraudulent agents on the MEA’s eMigrate portal.  

Seek help from Indian embassies abroad if stranded due to agent fraud.

 

Emigration Bill, 2021

 

The Emigration Act, 1983 is still in force, but the government introduced the Emigration Bill, 2021 to update regulations. It has not yet become law.

 

Key provisions of the draft Emigration Bill, 2021:

 

1. Three-tier institutional framework:

Central Emigration Management Authority: Oversees emigration policies.

Bureau of Emigration Policy and Planning: Handles policy formulation.

Bureau of Emigration Administration: Manages day-to-day emigration matters.

 

2. Regulation of recruitment agencies:

All overseas recruiters must register.

Stricter accountability for brokers to prevent exploitation.

 

3. Emigrant welfare measures:

Help desks and welfare committees for emigrants.

Pre-departure briefings for overseas job seekers.

 

4. Penalties for violations:

Fines up to Rs 50,000 for offenders.

Passports can be suspended or cancelled.

 

Checking registered agents

 

The MEA advises people to verify recruiters on the eMigrate portal.

 

Steps to check registered agents:

1. Go to www.emigrate.gov.in

2. Click on the 'Recruiting Agents' tab

3. Select 'List of Active RA'

 

The ministry updates this list daily.

 

Legal fee limits for recruitment agents

 

"As per the Emigration Act 1983, no recruiting agent shall collect from the prospective emigrant service charges exceeding Rs 30,000 plus GST (18%) for the services provided," the MEA explained. Agents must issue a receipt for the amount collected.

Recently, over a hundred Indians residing illegally in the US were deported back to India. Most of the deportees said they were promised a smooth journey but instead found themselves in legal turmoil, enduring months of hardship and exploitation.

In December 2023, the MEA issued an advisory warning about fake job offers and overcharging by unregistered agents. "There has been a significant increase in overseas job seekers being duped by illegal agents, with overcharging ranging from Rs 2-5 lakh," the advisory noted.

 

Reports suggest many illegal agents use Facebook, WhatsApp, and text messages to communicate, making it hard to verify job legitimacy.

 

"Such agents lure workers into jobs under harsh or life-threatening conditions. Cases have been reported in East European countries, some Gulf nations, Central Asia, Israel, Canada, Myanmar, and Laos," said the MEA.

 

A legitimate job offer must include a signed employment contract detailing salary and benefits. "Tourist visas should never be used for employment. Genuine foreign employers usually cover airfare, accommodation, and insurance costs," the ministry advised.