On March 12, 2025, the Indian government introduced the Immigration and Foreigners Bill, 2025 (the Bill), in Parliament. This proposed legislation aims to consolidate and regulate all matters related to foreign nationals and immigration, currently governed by four separate statutes. However, it is important to note that this Bill does not deal with the grant of citizenship, which is governed by the Citizenship Act, 1955, which has been amended several times, with significant amendments in 1986, 1992, 2003, 2005, 2015, and 2019 to address evolving citizenship policies, including provisions related to Overseas Citizens of India (OCI) and naturalization criteria.
Understanding the Legislative Process in India
Once a Bill is introduced in the Indian Parliament it typically goes through three stages before it is put up for voting:
- First Reading – All non-finance Bills may be introduced in any of the houses of Parliament.
- Second Reading – The Bill is examined in detail, debated, and possibly referred to a committee for review.
- Third Reading – The house where the Bill was first introduced votes on the final draft. If approved, the other house of Parliament considers it and then votes on it.
Once both houses approve the Bill, it is sent to the President for his/her assent. Only after the President’s approval, does it become an enforceable law.
The Immigration and Foreigners Bill, 2025, is still under legislative consideration and has not yet been enacted.
Purpose and Scope of the Immigration and Foreigners Bill, 2025
The Bill seeks to replace four existing laws:
- The Passport (Entry into India) Act, 1920
- The Registration of Foreigners Act, 1939
- The Foreigners Act, 1946
- The Immigration (Carriers’ Liability) Act, 2000
By consolidating these statutes, the Bill aims to modernize immigration regulations, enhance national security, and streamline the entry, stay, and departure of foreign nationals in India.
The Immigration and Foreigners Bill, 2025, establishes a legal framework to regulate the entry, stay, transit, and exit of foreign nationals in India. It defines essential terms such as foreign nationals, visa, passport, immigration officer, and immigration post, ensuring clarity in its implementation. The Bill designates immigration officers to oversee the movement of travelers at authorized entry and exit points. Foreign nationals must reside in recognized accommodations managed by an authorized keeper, while registration officers handle the formalities of foreign national’s registration. Foreign nationals who wish to visit specific areas, such as protected and restricted zones, require special permissions, while they cannot visit prohibited areas.
The Bill reinforces what is a current requirement too – all individuals entering the country must possess a valid passport or travel document, and foreign nationals must also have a visa unless exempted by specific agreements. Immigration Officers are empowered to inspect passports, request information, and seize fraudulent or invalid documents. Immigration Officers have the final authority to deny entry to or stay in India if a person is a threat to national security, foreign relations, or public health. Similarly, individuals cannot exit India without valid travel documents, and departures may be restricted by an authorized agency or government order.
The Bill consolidates existing regulations governing foreign nationals in India, including mandatory registration with relevant authorities upon arrival in India. The Central Government has the power to control the entry, stay, and departure of foreign nationals by issuing orders that may restrict their movements, dictate specific entry and exit points, and impose conditions on their presence in the country.
Certain foreign nationals may be required to provide proof of identity, submit biometric data, undergo medical examinations, reside in designated areas, or comply with movement restrictions. They can also be prohibited from associating with certain individuals, engaging in specific activities, or possessing particular items. Accommodation providers, educational institutions, and medical facilities must report details of foreign nationals under their care to registration officers. Special permits are required to enter protected, restricted, or prohibited areas, and foreign nationals cannot change their names without official approval. The government may regulate premises frequently visited by foreign nationals and enforce disciplinary measures on those under supervised residence. If a foreign national holds multiple nationalities, authorities may determine their official status based on their travel documents and connections. In disputes regarding a foreign national’s status, the burden of proof lies on the individual.
The Bill outlines the obligations and liabilities of carriers operating in India. Carriers, such as airlines and shipping companies must ensure that passengers have valid travel documents before bringing them to India. If they fail to comply, they may be required to cover deportation costs. Further, the Bill mandates that all carriers landing or departing must submit passenger and crew information, including the manifest, advance passenger details, and passenger name record (PNR) data, in the prescribed format and timeframe. Failure to comply or providing false information can result in penalties under Section 18, though carriers have the right to appeal within 30 days. Authorities such as Immigration Officers and law enforcement officials can request additional passenger details at any time, and passengers and crew members are required to provide necessary information to carriers for compliance. If a foreign national is not eligible to enter India, the carrier is responsible for their immediate removal. Similarly, if an individual enters India unlawfully, the carrier may be directed to facilitate their departure at its own expense.
If the Bill is enacted, it reinforces the power of authorities in India to detain and remove foreigners who violate visa rules, overstay, or enter illegally. If a foreigner is found in breach of regulations, they can be detained and sent back to their home country or another designated location.
The Bill also contains details about offences, penalties, and describes appeal procedures if the law is enacted. Carriers violating immigration provisions face penalties ranging from ₹50,000 to ₹10,00,000, with an opportunity to be heard before a fine is imposed. Appeals against such orders must be filed within 30 days of the order, with a possible extension of another 30 days if justified. Penalties can be enforced through the seizure of transport or assets. Individuals who contravene, attempt to contravene, or abet violations of the Bill face legal consequences.
- Foreigners entering India without valid travel documents including an appropriate visa may be imprisoned for up to five years and/or fined up to ₹5,00,000.
- Using or supplying forged passports or visas, may lead to prison sentence of up to seven years, and a fine of up to ₹10,00,000.
- Foreigners overstaying or violating visa conditions may face up to three years of imprisonment and/or fines up to ₹3,00,000 lakh.
- Abetment of such offenses carries the same punishment as the primary offense.
- Certain offenses may be compounded before or during trial, subject to conditions set by the Central Government, but repeat offenders within 3 years cannot benefit from compounding.
- Lastly, police officers of a certain rank are empowered to arrest individuals without a warrant if they are suspected of violating immigration rules.
The Bill alsooutlines various provisions related to the enforcement, delegation, and rule-making powers, which are quite broad and may give rise to abuse by authorities. Hopefully, as the Bill goes through the legislative process, these powers will be modified or at least curtailed to prevent abuse.
