The Immigration and Foreigners Bill, 2025

Syllabus: GS2/Governance

Context

• The government has developed a draft legislation, The Immigration and Foreigners Bill, 2025, to regulate foreigners coming to India.

About

• Matters related to foreigners and immigration are currently governed by: The Foreigners Act, 1946, The Passport (Entry into India) Act, 1920, The Registration of Foreigners Act, 1939 and The Immigration (Carriers’ Liability) Act, 2000.
  • Three of these laws were enacted during the pre-Constitution period, particularly during the extraordinary times of World Wars I and II.
• The necessity has been identified to repeal these laws and enact a new comprehensive legislation: The Immigration and Foreigners Bill, 2025.
• The purpose of the new legislation is to:
  • Avoid multiplicity and overlapping of laws.
  • Regulate matters related to foreigners, including: Requirement of visas, Registration and other travel-related documentation (passports, etc.).
  • Streamline the procedures for persons entering and exiting India.

Provisions

• It obligates the mandatory registration of foreigners upon their arrival and places restrictions on movement, name changes, and stays in protected/restricted areas.
  • The burden of proof is on individuals to establish that they are not foreigners.
• Entering India without valid passport/visa: Up to 5 years in prison and a fine of up to Rs 5 lakh.
• Entry, stay, or exit with forged documents: 2-7 years in prison and a fine of Rs 1-10 lakh.
• Overstaying, violating visa conditions, or accessing restricted areas: Up to 3 years in prison, a fine up to Rs 3 lakh, or both.
• Reporting requirements: Educational institutions, universities, hospitals, and nursing homes must report foreigners to the registration officer.
• Carrier accountability: Carriers transporting foreigners without valid documents will have to pay a fine up to Rs 5 lakh and failure to pay penalty may lead to the potential seizure of transport.
  • If any foreigner’s entry has been refused, he shall be handed over to the transport carrier by the Immigration Officer,  who is responsible for the individual’s removal from India without delay.
• It empowers immigration officers to arrest such individuals without a warrant.
• Government authority: The bill also grants the central government increased authority to regulate the movement of foreigners, including the power to restrict entry, prevent departure, and prohibit access to specific areas.  
  • The foreigners are required to exit at their own expense and provide biometric data.

Source: TH