1[3. Citizenship by birth.―(1) Except as provided in sub-section (2), every person born in India―

1. on or after the 26th day of January, 1950, but before the 1st day of July, 1987;
2. on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his birth;
3. on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where―
4. both of his parents are citizens of India; or

1. one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2) A person shall not be a citizen of India by virtue of this section if at the time of his birth―

1. either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or
2. his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.] 1. Subs. by Act 6 of 2004, s. 3, for section 3 (w.e.f. 3-12-2004)