The Immigration and Foreigners Act, 2025 has received the assent of the President on the 4th April, 2025. The Act introduces significant reforms to regulate the entry, stay, and exit of foreigners in India.
The key highlights of the Indian Immigration and Foreigners Act, 2025 are as under:
1. Consolidation of Laws: The Act repeals and replaces four outdated legislations: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. It aims to streamline immigration processes and eliminate overlapping provisions from colonial-era law.
2. Mandatory Passport and Visa Requirements: Foreigners entering or leaving India must possess a valid passport and visa, unless exempted under specific provisions or intergovernmental agreements. Immigration officers are empowered to examine these documents at designated entry and exit points.
3. Registration of Foreigners: Upon arrival, foreigners must register with a Registration Officer.
4. Bureau of Immigration: The Act establishes a Bureau of Immigration, headed by a Commissioner, to oversee immigration functions such as visa issuance, entry regulation, and foreigner tracking.
5. Obligation of carriers: The carrier landing or embarking at a port or place in India shall furnish to a civil authority or Immigration Officer the details regarding passenger and crew on board including the information of passengers arriving or departing,
6. Obligation to report information of foreigners: The following classes to report to the Registration Officer information in respect of foreigners:Â
(i) Universities and Educational Institutions.
(ii) Keeper of accommodation and others.
(iii) Hospital, nursing home or any other Medical Institutions
6. Stricter Penalties for Violations:
(i) Entry without legal Passport/Visa: Carrier bringing such persons, shall be liable to a penalty of not less than Rs. two lakh, which may extend to five lakh rupees.
(ii)Illegal Entry: Entering India without a valid passport or visa can lead to imprisonment of up to 5 years and/or a fine of up to Rs. 5 lakh.
(iii)Forged Documents: Using fake passports or visas carries a penalty of 2 to 7 years imprisonment and fines ranging from Rs. 1 lakh to Rs. 10 lakh.
(iv) Others: Penalty for contraventions of other rules may result in up to 3 years imprisonment and a fine of up to Rs. 3 lakh.
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