
In a crucial initiative to modernize India’s immigration laws, Minister of State for Home Affairs, Nityanand Rai, has put forth the Immigration and Foreigners Bill, 2025 in Parliament. This bill intends to replace colonial-era regulations with a more structured and robust immigration framework aimed at improving national security, overseeing foreign nationals, and enforcing stricter penalties for breaches of entry and stay requirements.
Existing Laws to be Replaced
This bill proposes the repeal of four existing laws that currently manage India’s immigration and foreigner system. The laws in question are:
• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939
• The Foreigners Act, 1946
• The Immigration (Carriers’ Liability) Act, 2000
The government justifies the introduction of this new bill by stating that it aims to eliminate overlapping provisions, create a more straightforward legal framework, and enhance control over foreign nationals within the country.
Key Provisions of the Immigration and Foreigners Bill, 2025
1. Entry Restrictions for Foreigners
According to the bill, any foreign individual who poses a risk to national security, sovereignty, or the integrity of the nation will be barred from entering India or will not be allowed to stay. This clause emphasizes India’s efforts to tighten border security and manage immigration more effectively.
2. Mandatory Registration and Movement Restrictions
Under the new bill, foreign nationals will be required to register upon arrival in India. Additional regulations include:
- Restriction of movement within India, preventing access to protected and restricted areas without prior permission.
- Limiting name changes and identity modifications.
- Educational institutions, hospitals, and nursing homes will be obligated to report foreign nationals’ presence to immigration authorities.
3. Stricter Penalties for Violations
The bill proposes strict penalties for foreigners who breach entry and stay regulations in India. The consequences include:
• Entering illegally without a valid passport or visa: A prison sentence of up to 5 years and a fine of ₹5 lakh.
• Using forged documents: A jail term ranging from 2 to 7 years, with fines between ₹1 lakh and ₹10 lakh.
• Overstaying or not adhering to visa conditions: Up to 3 years of imprisonment and a fine of ₹3 lakh.
• Trespassing in restricted areas: Severe legal repercussions, including detention and deportation.
4. Liability of Transport Carriers
The bill places significant responsibility on transport carriers, including airlines, shipping companies, and other means of transportation. Key provisions include:
- Carriers transporting foreigners without valid documents will be subject to a fine of up to ₹5 lakh.
- If a foreigner is denied entry into India, the carrier will be responsible for their immediate removal.
- Failure to comply could lead to seizure of the transport vehicle if penalties are not paid.
5. Powers of Immigration Officers
The bill enhances the authority of immigration officials by granting them the power to:
- Arrest individuals without a warrant if they are found violating immigration laws.
- Regulate the movement and stay of foreigners.
- Restrict exit from India if a foreigner’s presence is required for investigation or security purposes.
6. Advance Passenger Data Requirement
To bolster security measures, airlines and vessels will be required to share passenger and crew data with immigration authorities before arrival in India. This provision aims to:
- Identify potential security threats in advance.
- Enable real-time monitoring of incoming and outgoing travelers.