Abstract
This article examines the Immigration and Foreigners Act, 2025 governing immigration and foreigners in India. It analyzes the Act’s key provisions, challenges and Rights Considerations. It deals with the impact of this statute and enforcement in the real world. It reflects on balancing security with fairness. The article concludes by assessing the Act’s implications across legal and administrative domains and includes FAQs for clarity.
Introduction
The Immigration and Foreigners Bill received presidential assent on April 4, 2025 and became law, enforced on September 1, 2025.
This new law merged and revokes four pre-existing statutes:
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Foreigners Act, 1946
- Immigration (Carriers’ Liability) Act, 2000
It replaced them with a single comprehensive framework.
It is the Act No. 13 of 2025. The Act constitutes 6 chapters and 36 sections, which introduce basic definitions, matters related to immigration, foreigners, liability of carriers, offences and penalties. It conferred certain power on the Central government with foreigners’ travel documents, visas and registration for entry and exit from India.
Legal Framework & Definitions
Definition of Foreigner and Citizen
The Act defines a foreigner simply as someone not a citizen, referencing existing laws and reaffirming the Citizenship Act, 1955.
Bureau of Immigration
A new centralized agency, the Bureau of Immigration, is established, headed by a Commissioner appointed by the central government, to manage visas, entry, exit, transit, and related regulatory functions.
Registration Protocols
Foreign nationals—particularly those on long-term visas—must register with a Registration Officer or FRRO within 14 days of arrival. Changes in address or purpose must also be reported.
Offence and Penalty Provisions
Forge Documents & Illegal Entry
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Using or supplying forged passports or visas attracts imprisonment of 2–7 years and fines between ₹1 lakh and ₹10 lakh.
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Entry into restricted areas without valid documents may invite up to 5 years’ prison or ₹5 lakh fine—or both.
Overstaying and Visa Violations
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Overstays or breach of visa conditions may result in fines, visa cancellation, deportation, or blacklisting.
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Maximum penalties may include imprisonment up to 3 years and fines around ₹3 lakh.
Penalties on Facilitators
Entities like carriers (airlines, ships), hotels, universities, hospitals, and nursing homes must report foreign individuals and can face severe punishment for non-compliance.
Administrative Enforcement & Powers
Immigration Oversight
Carriers must submit passenger and crew manifests in advance to authorities. Immigration officers may halt departures without clearance.
Premises Regulation
The central government can regulate or close premises frequented by foreigners or impose entry restrictions on certain categories of non-citizens.
Arrest Powers
The Act empowers police officers ranked Head Constable and above to arrest without a warrant in cases of suspected immigration violations.
Legal Challenges and Rights Considerations
Constitutional Concerns
Opposition voices and lawmakers raise concerns that the Act may breach constitutional guarantees—particularly concerning fundamental rights and state sovereignty over citizenship.
Burden of Proof Shift
The legislation effectively places the burden on individuals to prove they are not foreigners, a departure from prior standards and possibly diminishing individuals’ due process protections.
Practical Judicial Oversight
Courts continue to play a role in enforcing natural justice. For instance, the Kerala High Court held that foreigners granted bail must be heard before movement restrictions are imposed.
Real-World Enforcement & Impact
Several high-profile cases show the Act’s operational impact:
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A Korean national residing illegally for six years was arrested under the new law.
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A Bangladeshi national using forged identity documents practicing as a quack was charged under the statute.
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Legal enforcement continues to evolve. One Pakistani man, post-sentence, remains detained amid repatriation issues; courts are scrutinizing Foreigners Act authority.
Conclusion
The Immigration and Foreigners Act, 2025 represents a decisive step in India’s immigration policy, consolidating laws and enhancing enforcement mechanisms.
Its deterrent provisions may strengthen national security, but risks of constitutional infringement and administrative overreach remain. Judicial vigilance and legislative refinement are essential to balance sovereignty with individual rights.
A comparative lens shows India prioritizes state control more than procedural safeguards, raising questions about the future of due process in immigration law.
References
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Press Trust of India, Immigration and Foreigners Bill Gets President’s Assent, THE HINDU (Apr. 5, 2025), https://www.thehindu.com
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PRS Legislative Research, The Immigration and Foreigners Bill, 2025 (Mar. 11, 2025), https://prsindia.org
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Citizenship Act, No. 57 of 1955, § 2 (India)
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TIMES OF INDIA, Opposition Says Immigration Bill Violates Constitutional Provisions (Mar. 11, 2025), https://timesofindia.indiatimes.com
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Kerala High Court, Foreigners Must Be Heard Before Restraining Movement, TIMES OF INDIA (Apr. 2025)
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TIMES OF INDIA, Korean National Held Illegally for 6 Years Charged Under Immigration and Foreigners Act, 2025 (Sept. 2025)
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TIMES OF INDIA, Pak Man in Jail 11 Years Moves HC for Repatriation Under Foreigners Act (Sept. 2025)
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PRS Legislative Research, The Immigration and Foreigners Bill, 2025, introduced March 11, passed March 27–April 2, 2025 (summarizing repeal and features)
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PTI, Immigration and Foreigners Bill Gets President’s Assent, Apr. 5, 2025
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The New Indian Express, Explained: How India’s New Immigration Bill Overhauls Foreign Entry, Visa Rules, Mar. 16, 2025
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Times of India, Opposition Says Immigration Bill Violates Constitutional Provisions, Mar. 11, 2025
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Times of India, Bangladeshi National Held for Illegal Stay, Charged Under Foreigners Act
FAQs
1. What laws did this Act repeal?
It abolished four legacy Acts: the Passport (Entry into India) Act (1920), Registration of Foreigners Act (1939), Foreigners Act (1946), and Immigration (Carriers’ Liability) Act (2000).
2. When did the Act become operational?
Presidential assent came on April 4, 2025. Enforcement began on September 1, 2025.
3. What penalties apply to forged documents?
Imprisonment ranging from 2 to 7 years, plus fines between ₹1 lakh and ₹10 lakh.
4. Are institutions legally mandated to report foreigners?
Yes. Hotels, hospitals, universities, nursing homes, airlines, and ships must report foreign nationals to designated authorities.
5. How does the Act affect due process?
It shifts the onus onto individuals to prove citizenship and allows warrantless arrest by specific officers, raising constitutional and due process concerns.
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Rights of undertrial prisoners in India
How To Send A Legal Notice In India
