Key Points of The Immigration and Foreigners Act 2025 of India
Here are the detailed points of The Immigration and Foreigners Act, 2025, organized by topic:
I. Preliminary
Short Title and Commencement: The Act is called The Immigration and Foreigners Act, 2025, and it comes into force on a date to be notified by the Central Government.
Definitions: This section defines various terms used in the Act, including “accommodation,” “carrier,” “civil authority,” “entry,” “exit,” “foreigner,” “immigration function,” “Immigration Officer,” “immigration post,” “keeper of accommodation,” “notification,” “order,” “other travel document,” “passport,” “prescribed,” “Prohibited place,” “Protected area,” “Registration Officer,” “Restricted area,” and “visa.”
II. Matters Related to Immigration
Requirement of Passport or Other Travel Document and Visa:
No person entering India shall do so without a valid passport or other travel document and, in the case of a foreigner, a valid visa, unless exempted.
The Central Government can specify grounds for inadmissibility of a foreigner into India, such as threats to national security or public health, and the Immigration Officer’s decision in this regard is final.
No person shall depart from India without a valid passport or other travel document and, in the case of a foreigner, a valid visa, unless exempted.
The Central Government can prevent a person from departing India if their presence is required or on other specified grounds, and the Immigration Officer’s decision is final.
Immigration Officers can examine travel documents and visas and require information from foreigners during their entry, transit, stay, or movement within India.
Immigration Officers can seize passports or other travel documents under certain circumstances, such as if they are lost, stolen, damaged, forged, or fraudulently obtained.
The Central Government has overall supervision, direction, and control over visa and related matters.
Immigration Posts for Entry or Exit: The Central Government shall notify designated immigration posts for entry into or exit from India, which shall be manned by Immigration Officers or other specified officers.
Bureau of Immigration:
The Bureau of Immigration is constituted to perform immigration functions and other prescribed functions.
The Bureau of Immigration shall consist of officers appointed by the Central Government.
The Central Government exercises general supervision, direction, and control of the Bureau of Immigration, and the Commissioner of the Bureau of Immigration has overall supervision of immigration functions.
The Commissioner of the Bureau of Immigration is assisted by various officers, including Foreigners Regional Registration Officers and Immigration Officers.
III. Matters Related to Foreigners
Registration of Foreigners: Foreigners arriving in India are required to register with the concerned Registration Officer, subject to prescribed conditions and manner.
Power to Issue Orders, Directions, or Instructions:
The Central Government may issue orders, directions, or instructions to prohibit, regulate, or restrict the entry, departure, or presence of foreigners in India.
These orders, directions, or instructions may include provisions regarding the time, route, and conditions of entry or departure, restrictions on stay or movement, requirements for foreigners to meet the costs of their removal from India, and conditions for residence, examination, identification, and conduct.
The Central Government may also make provisions for any matter specified and incidental matters necessary for giving effect to this Act.
Specific authorities may issue orders, directions, or instructions under certain clauses of this section.
Obligation of Keeper of Accommodation and Others to Furnish Particulars:
Keepers of accommodations must submit information about foreigners accommodated in their premises to the Registration Officer, except for non-commercial residential premises under certain conditions.
Foreigners must provide the required particulars to the keeper of the accommodation.
In specified areas, individuals occupying or controlling residential premises may be required to submit information about foreigners accommodated there to the Registration Officer.
Obligation of Universities and Educational Institutions: Universities and educational institutions admitting foreigners must furnish information about them to the Registration Officer.
Obligation of Hospitals, Nursing Homes, and Other Medical Institutions: These institutions must furnish information about foreigners receiving indoor medical treatment or their attendants to the Registration Officer.
Visit to Protected or Restricted Area or Prohibited Places: Foreigners are prohibited from entering or staying in Protected areas, Restricted areas, or Prohibited places without a special permit or permission.
Change of Name of Foreigner in India:
Foreigners in India on the date this Act came into force cannot assume or use any name other than their name before that date, except with specific permission.
Foreigners entering India after the Act came into force are subject to the same restriction.
“Name” includes a surname, and a change of spelling is considered a change of name.
These provisions do not apply to a married woman assuming her husband’s name.
Foreigners Whose Movements Are Restricted:
Foreigners required to reside in a place set apart for residence under supervision are subject to conditions regarding maintenance, discipline, and punishment of offenses as determined by the Central Government.
It is prohibited to assist such a foreigner to escape, harbor them, or provide assistance to prevent their apprehension.
The Central Government may regulate access to and the conduct of persons in places where such foreigners are lodged and may regulate or prohibit the dispatch or conveyance of articles to such foreigners.
Power to Control Places Frequented by Foreigners:
Civil authorities may direct owners or keepers of premises frequented by foreigners to close the premises, use them under specified conditions, or refuse admission to certain foreigners.
Persons receiving such directions must not use other premises for the same purpose without permission.
Appeals against such directions can be made to the Central Government, whose decision is final.
Foreigner Who is National of More Than One Foreign Country: The civil authority or Immigration Officer may, under certain conditions, determine the nationality of a foreigner who is a national of more than one foreign country. The Central Government may revise this decision.
Burden of Proof: In cases where a question arises regarding whether a person is a foreigner or belongs to a particular class, the burden of proving otherwise lies on that person.
IV. Liability of Carriers
Obligation of Carriers:
Carriers arriving or embarking at a port or place in India must furnish passenger and crew manifests, advance passenger information, and passenger name record information to the civil authority or Immigration Officer.
“Passenger name record information” is defined.
Penalties may be imposed on carriers for not furnishing information or furnishing false information, subject to a hearing.
Appeals against penalties can be made to a prescribed authority.
Authorities may require carriers to furnish information about passengers or crew for enforcement purposes.
Passengers and crew must provide necessary information to the carrier.
Carriers are responsible for the removal from India of foreigners whose entry has been refused.
Carriers may be directed to provide accommodation on their transport for the removal of foreigners from India.
Carriers must obtain clearance from the Immigration Officer before departing from India.
“Carrier” and “passenger” are defined for the purposes of this section.
Liability of Carrier to Pay Penalty: Carriers contravening the provisions of section 17 are liable to a penalty which may extend to fifty thousand rupees.
Liability of Carriers for Passengers Brought into India:
If a carrier brings a person into India in contravention of the Act, a penalty of two to five lakh rupees may be imposed on the carrier, subject to a hearing.
Appeals against such orders can be made to a prescribed authority.
The penalty may be recovered by seizing or detaining the carrier’s transport or property, or by other notified means.
V. Offences, Penalties, and Appeal
Contravention or Attempts to Contravene Provisions of Act: Contravening or attempting to contravene the Act, or abetting such contravention, is deemed a contravention of the Act.
Penalty for Entry Without Valid Passport or Other Travel Document: Foreigners entering India without a valid passport or visa are punishable with imprisonment up to five years, a fine up to five lakh rupees, or both.
Penalty for Using or Supplying Forged or Fraudulently Obtained Passport or Other Travel Document and Visa: Using or supplying forged or fraudulently obtained travel documents or visas is punishable with imprisonment of two to seven years and a fine of one to ten lakh rupees. Attempts to use such documents are also an offense.
Penalty for Contraventions of Other Provisions of this Act:
- Foreigners overstaying their visa or violating visa conditions, and those contravening other provisions of the Act for which no specific punishment is provided, are punishable with imprisonment up to three years, a fine up to three lakh rupees, or both.
Penalty for Abetment: Abetting offenses under sections 21, 22, or 23 is punishable with the same punishment as provided for those offenses.
Compounding of Certain Offences:
Offenses under sections 21, 23, or 24 may be compounded by specified officers or authorities, either before or during the trial, for a sum specified by the Central Government, not exceeding the maximum fine for the offense.
This does not apply to offenses committed within three years of a similar offense being compounded.
Officers compounding offenses are subject to the Central Government’s control and supervision.
No prosecution shall be instituted if the offense is compounded before the institution of prosecution.
If compounding occurs during a trial, the court must be notified, and the offender shall be discharged.
A second or subsequent offense committed after three years from the previous compounding is deemed a first offense.
Power to Arrest: A police officer, not below the rank of Head Constable, may arrest without a warrant any person who has contravened section 3 or any rule or order made thereunder.
VI. Miscellaneous
Power to Give Effect to Orders, Directions, and Like: Authorities under this Act may take necessary steps and use force to secure compliance with directions or prevent breaches. Police officers of the rank of Head Constable and above may also take such actions. This power includes the right of access to any land or property.
Power to Delegate Authority: The Central Government may direct that its powers or functions under this Act be exercised by subordinate officers or State Governments or their officers.
Power of Removal: The Central Government may order the removal of a foreigner from India for contravention of the Act or any rule or order thereunder, or based on an adverse security report, and any government officer has the power to enforce such removal.
Power to Make Rules: The Central Government may make rules to carry out the purposes of this Act, including rules regarding the functions of Immigration Officers and the Bureau of Immigration, conditions for travel documents and passports, visa authorities, registration of foreigners, information submission by accommodations and institutions, change of name of foreigners, restrictions on articles for foreigners under restricted movement, control of places frequented by foreigners, information to be furnished by carriers, and appellate authorities and procedures.
Rules to be Laid Before Parliament: Every rule made under this Act shall be laid before each House of Parliament.
Protection of Action Taken in Good Faith: No legal action shall lie against any person for anything done in good faith under this Act or any rule or order made thereunder.
Power to Exempt in Certain Cases: The Central Government may exempt certain citizens, classes of citizens, or foreigners from the provisions of this Act. It may also exempt carriers or classes of carriers from the Act’s provisions in the public interest or to fulfill international obligations. Every order made under this section shall be laid before each House of Parliament.
Application of Other Laws Not Barred: The provisions of this Act are in addition to, and not in derogation of, any other law for the time being in force.
Power to Remove Difficulties: The Central Government may make orders to remove any difficulties in giving effect to the provisions of this Act, provided that no such order shall be made after three years from the commencement of the Act. Every order made under this section shall be laid before each House of Parliament.
Repeal and Saving:
The Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000, are repealed.
Actions taken under the repealed Acts shall be deemed to have been taken under the corresponding provisions of this Act, as long as they are not inconsistent with this Act.
This repeal does not affect the general application of section 6 of the General Clauses Act, 1897, regarding the effect of repeal.