New Delhi: India has implemented the Immigration and Foreigners Act, 2025, effective September 1, 2025, marking a significant overhaul of its immigration framework. This legislation, which consolidates four prior laws, empowers the Central Government to regulate the immigration, entry, and stay of foreigners, with a focus on curbing illegal immigration. The Act introduces stringent rules, enhances the Bureau of Immigration’s authority, and imposes heavy penalties for violations.
Consolidation of Immigration Laws
The Immigration and Foreigners Act, 2025, replaces four existing laws: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000. This consolidation creates a unified framework to address immigration challenges, as outlined in the document posted on September 2, 2025.
Key Highlights of the Immigration and Foreigners Act, 2025
Immigration Posts
The Act empowers the Central Government to notify designated immigration posts for entry into and exit from India. These posts will be manned by immigration officers or other specified officers to examine valid passports, visas (for foreigners), and other travel documents.
Bureau of Immigration
The Act establishes the Bureau of Immigration to perform immigration functions, including visa issuance and regulation of entry, transit, stay, movement within, and exit from India. The Bureau, supervised by a Commissioner appointed by the Central Government, will coordinate with states, Union Territories, and other agencies to identify, detain, and deport illegal migrants. It will also manage IT systems, record biometric data, and advise on immigration policy matters.
Registration of Foreigners
Foreigners must register with a Registration Officer upon arrival in India, a requirement that builds on the 1939 Act’s provision for reporting presence to a prescribed authority.
Reporting Obligations
The Act mandates that carriers landing or embarking in India provide information about crew and passengers to a civil authority or immigration officer. Educational institutions admitting foreign students and medical institutions treating foreign patients or providing lodging to their attendants must furnish prescribed information to the Registration Officer. This expands the 1946 Act’s obligations on vessel masters, aircraft pilots, and hotel keepers.
Offences and Penalties
Foreigners entering without valid passports or other travel documents face imprisonment of up to five years, a fine up to five lakh rupees, or both. This is a significant increase from the 1920 Act’s penalty of up to five years’ imprisonment, a fine up to Rs 50,000, or both. Using forged passports or visas for entry, stay, or exit is punishable with up to seven years’ imprisonment and a fine up to Rs 10 lakh. The law also penalizes those supplying forged documents.
Power of Arrest
Police officers not below the rank of a Head Constable are empowered to arrest without a warrant, a change from the 1920 Act’s requirement of a sub-inspector rank.
Controlling Places Frequented by Foreigners
Civil authorities may direct the closure of premises frequented by foreigners, impose conditions on their use, or refuse admission to all or a specified class of foreigners.
Carrier Regulations
The Act defines a carrier as any person or association engaged in transporting passengers or cargo by air, water, or land through aircraft, ships, or other modes. Aircraft, vessels, or other transport modes cannot depart India until clearance is obtained from an Immigration Officer upon submitting a prescribed general declaration.
Legislative Background
The Immigration and Foreigners Bill, 2025, was introduced in the Lok Sabha on March 11, 2025, by the Ministry of Home Affairs. It was passed during the Budget session and received assent from President Droupadi Murmu on April 4, 2025. Home Minister Amit Shah stated during debates that India welcomes foreigners for tourism, education, healthcare, and business but is not a “dharamshala” for illegal aliens.
Immigration and Foreigners (Exemption) Order, 2025
On September 1, 2025, the Ministry of Home Affairs notified the Immigration and Foreigners (Exemption) Order, 2025, under Section 33 of the Act, published in the Gazette of India. This order supersedes the Registration of Foreigners (Exemption) Order, 1957, and the Immigration (Carriers’ Liability) Order, 2007, except for actions already taken.
Exemptions for Individuals
The order exempts specific categories from requirements for valid passports, travel documents, and visas:
- Members of the Indian Armed Forces entering or leaving India on duty, along with their accompanying family members on government transport.
- Indian citizens entering India by land or air via the Nepalese or Bhutanese border.
- Citizens of Nepal and Bhutan entering India over their respective borders or traveling to or from other destinations with a valid passport, excluding entries from China, Macau, Hong Kong, or Pakistan.
- Tibetans registered with relevant authorities in India.
- Minority communities from Afghanistan, Bangladesh, and Pakistan (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) who entered India before December 31, 2024, due to religious persecution, regardless of document validity.
- Registered Sri Lankan Tamil nationals who took shelter in India up to January 9, 2015.
- Foreigners holding diplomatic or official passports under intergovernmental agreements.
- Individuals from designated countries eligible for visa-on-arrival.
- Foreign military personnel visiting India on naval warships for multilateral exercises, goodwill visits, bunkering, or disaster relief operations, unless otherwise notified.
Carrier Exemptions
The order relieves carriers of certain responsibilities:
- Rail and road carriers transporting passengers and crew are exempt from specific liability provisions.
- Carriers are not responsible for passengers traveling on forged documents if detection requires expert examination, stowaways taken back, passengers arriving on diverted aircraft or ships, foreigners exempt from travel document or visa requirements, and Temporary Landing Permit holders.
Crackdown on Illegal Immigration
The Act aligns with India’s intensified efforts to address illegal immigration, which Home Minister Amit Shah and Prime Minister Narendra Modi have described as a security risk and drain on resources. In 2016, then-Junior Home Minister Kiren Rijiju informed Parliament of an estimated 20 million Bangladeshi illegal immigrants in India. The Citizenship Act, 1955, defines illegal migrants as those entering without valid documents or staying beyond permitted periods.
In his Independence Day 2025 speech, Prime Minister Modi announced a high-powered demography mission to counter demographic changes driven by illegal immigration, which he called a “well-thought-out conspiracy” sowing crisis seeds. Since May 2025, BJP-ruled states have intensified actions against Bangladeshi and Rohingya migrants. The Election Commission’s Special Intensive Revision (SIR), starting in Bihar, aims to remove illegal immigrants from voter lists.
The Bureau of Immigration, established in 1971, now has enhanced powers to coordinate with states and Union Territories for identifying, detaining, and deporting illegal migrants. The Act codifies its role, previously regulatory, and authorizes it to administer IT systems and biometric data. Hotels, hospitals, nursing homes, universities, and other educational institutions must provide information about foreigners to track visa overstays.
Broader Context and Implications
The Immigration and Foreigners Act, 2025, strengthens India’s immigration framework amid global migration challenges. The Bureau’s statutory backing and biometric data capabilities enhance enforcement efficiency. The Exemption Order provides flexibility for specific groups while maintaining strict controls.
The Act’s focus on penalties, arrest powers, and premise controls underscores India’s commitment to border security. However, the expanded powers may raise concerns about potential overreach, though proponents argue they are necessary to protect national interests.
FAQs
1. What is the Immigration and Foreigners Act, 2025, and which laws does it replace?
Answer: The Immigration and Foreigners Act, 2025, effective from September 1, 2025, is a legislation that empowers the Central Government to regulate the immigration, entry, and stay of foreigners in India. It replaces four existing laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. This consolidation creates a unified framework to manage immigration processes, including visa issuance, registration, and penalties for violations.
2. What are the key functions of the Bureau of Immigration under the Act?
Answer: The Act establishes the Bureau of Immigration to perform immigration functions, including visa issuance and regulation of entry, transit, stay, movement within, and exit from India. The Bureau, supervised by a Commissioner appointed by the Central Government, coordinates with states, Union Territories, and other agencies to identify, detain, and deport illegal migrants. It administers IT systems, records biometric data of foreigners, and advises the Central Government on immigration policy matters.
3. Who is exempt from passport and visa requirements under the Immigration and Foreigners (Exemption) Order, 2025?
Answer: The Immigration and Foreigners (Exemption) Order, 2025, notified on September 1, 2025, exempts specific groups from valid passport, travel document, and visa requirements. These include members of the Indian Armed Forces and their families on duty via government transport; Indian citizens entering via Nepal or Bhutan by land or air; Nepalese and Bhutanese citizens entering from their borders or transiting with valid passports (excluding entries from China, Macau, Hong Kong, or Pakistan); registered Tibetans; minority communities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan who entered before December 31, 2024, due to religious persecution; registered Sri Lankan Tamil nationals who sought shelter up to January 9, 2015; holders of diplomatic or official passports under agreements; nationals from visa-on-arrival countries; and foreign military personnel on naval warships for exercises, goodwill visits, bunkering, or disaster relief, unless otherwise notified.
4. What are the penalties for immigration violations under the Act?
Answer: The Act imposes strict penalties for violations. Foreigners entering India without valid passports or other travel documents face imprisonment of up to five years, a fine up to five lakh rupees, or both. Using forged passports or visas for entry, stay, or exit is punishable with up to seven years’ imprisonment and a fine up to Rs 10 lakh. Supplying forged documents is also penalized. Additionally, aircraft, vessels, or other transport modes cannot depart India without clearance from an Immigration Officer, obtained after submitting a prescribed general declaration.
5. How does the Act address illegal immigration in India?
Answer: The Act strengthens measures against illegal immigration, defined under the Citizenship Act, 1955, as foreigners entering without valid documents or staying beyond permitted periods. The Bureau of Immigration is empowered to coordinate with states and Union Territories to identify, detain, and deport illegal migrants. The Act mandates reporting by hotels, hospitals, nursing homes, universities, and other institutions to track foreigners and prevent visa overstays. It supports Prime Minister Narendra Modi’s high-powered demography mission, announced on Independence Day 2025, to counter demographic changes due to illegal immigration, which is seen as a security risk and resource drain. The Election Commission’s Special Intensive Revision, starting in Bihar, aims to remove illegal immigrants from voter lists.
