The Immigration and Foreigners Act, 2025 was enacted by the Indian Parliament and received Presidential assent on April 4, 2025. This legislation marks a significant step toward streamlining and modernising India’s immigration laws, offering a more coherent framework to govern the entry, stay, and exit of foreigners.
The Act will come into effect on a date to be notified by the Central Government through the Official Gazette. LawQuest is monitoring these developments closely and will keep its readers informed.
This new law consolidates and revokes four pre-existing statutes: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000, replacing them with a single comprehensive legislative framework.
Key Provisions of the Law
- Stringent Penalties for Forgery and Illegal Entry: Individuals found entering, staying in, or exiting India using forged passports or visas will face imprisonment of up to seven years and fines of up to ₹10 lakh.
- Mandatory Reporting Obligations: To aid in monitoring and controlling overstaying foreigners, the law requires hotels, universities, educational institutions, hospitals, and nursing homes to report information pertaining to foreign nationals under their care or admission.
- Obligations for International Carriers: International air and sea carriers must furnish comprehensive details of passengers and crew, including advance data, to designated immigration or civil officials at Indian ports of entry.
- Unauthorized Entry and Presence: Foreigners who breach legal requirements by entering Indian territory without valid documents like a passport or visa may be subject to a maximum of five years’ imprisonment, a fine of ₹5 lakh, or both.
- Governmental Powers Over Premises Accessed by Foreigners: The central government has been permitted to regulate premises frequented by foreigners. Owners of such premises may be required to close operations, function under prescribed conditions, or deny access to all or certain categories of foreigners.
- Penalties for Overstaying Visa or Permit Conditions: Foreign nationals who remain in India beyond the validity of their visa or permit may face imprisonment of up to three years, a fine of up to ₹300,000, or both.
Conclusion:
As India becomes more connected globally, the need for a strong and modern immigration system has grown. The Immigration and Foreigners Act, 2025 is a key step in improving how the country manages the entry and stay of foreign nationals.
By introducing stricter penalties, mandatory reporting, and clear duties for carriers and property owners, the law enhances security and aligns India’s immigration framework with international standards.
