Immigration and Foreigners Act, 2025: Key Provisions, Powers, Offences and Penalties

Key Takeaways

• The Immigration and Foreigners Act, 2025 is a comprehensive central law governing immigration, entry into and exit from India, stay and movement of foreigners, visa requirements, registration, carrier obligations and removal of foreigners. It came into force on 1 September 2025.
• The Act requires persons entering or leaving India to possess a valid passport or other recognised travel document. Foreigners are additionally required to hold a valid visa unless an exemption applies.
• The Central Government has wide powers to regulate the entry, departure, presence, movement, residence and activities of foreigners in India and may issue orders, directions or instructions for these purposes.
• Foreigners may be required to register with the concerned Registration Officer. Hotels and other accommodation providers, universities, educational institutions and certain medical institutions also have statutory reporting obligations.
• Entry into India without a valid passport, travel document or required visa may result in imprisonment extending to five years, a fine extending to ₹5 lakh, or both. Use or supply of forged or fraudulently obtained travel documents attracts even more severe punishment.
• The Act imposes detailed duties on airlines, ships and other carriers, including obligations relating to passenger information, removal of persons refused entry and immigration clearance.
• The legislation repeals and consolidates four earlier laws dealing with immigration and foreigners, while protecting actions, rules, orders and proceedings taken under the repealed laws to the extent they remain consistent with the new Act.

What Is the Immigration and Foreigners Act, 2025?

The Immigration and Foreigners Act, 2025 is a central legislation that regulates immigration into and out of India and lays down the legal framework governing foreigners present in the country.

The Act was enacted on 4 April 2025. Its principal purpose is to confer powers on the Central Government regarding passports, travel documents, visas, registration of foreigners, immigration control and connected matters.

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The legislation brings several previously scattered immigration-related provisions under a single statutory framework. It deals with immigration posts, the Bureau of Immigration, registration of foreigners, restrictions on their movement, reporting obligations, carrier liability, offences, penalties, arrest, removal and rule-making powers.

The Act contains 36 sections divided into six chapters dealing with preliminary matters, immigration, foreigners, carriers, offences and miscellaneous provisions.

Why Was the Immigration and Foreigners Act, 2025 Introduced?

Before the enactment of the 2025 Act, immigration and regulation of foreigners were governed principally through several separate laws.

These included:

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• Passport (Entry into India) Act, 1920;
• Registration of Foreigners Act, 1939;
• Foreigners Act, 1946; and
• Immigration (Carriers’ Liability) Act, 2000.

The legislative background records that some of these statutes originated during the pre-Constitution period and that there was a degree of continuity, commonality and overlap among their provisions. A consolidated legislation was therefore considered necessary to simplify the legal framework and avoid multiplicity of laws dealing with related subjects.

The Immigration and Foreigners Act, 2025 accordingly creates a unified framework governing entry, stay, movement and departure of foreigners as well as immigration administration and carrier responsibility.

Who Is a Foreigner Under the Act?

Section 2 defines a foreigner as a person who is not a citizen of India.

This definition is important because several obligations and restrictions under the Act apply specifically to foreigners.

The Act also defines important expressions such as accommodation, carrier, civil authority, immigration function, Immigration Officer, immigration post, passport, Protected area, Restricted area and visa.

A visa is an authorisation granted by the prescribed authority that permits a foreigner to enter, transit through, stay in or exit from India.

Is a Passport and Visa Compulsory for Entering India?

Requirement of Valid Travel Documents

Section 3 lays down the basic requirement governing entry into India.

A person proceeding from a place outside India cannot enter or attempt to enter India by air, water or land without a valid passport or other recognised travel document.

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In the case of a foreigner, a valid visa is additionally required. A foreigner present in India must also continue to possess a valid passport or recognised travel document and a valid visa unless an exemption applies under the Act or an intergovernmental arrangement provides otherwise.

When Can Entry Be Refused?

Possession of valid documents does not create an absolute right of entry.

A foreigner may still be refused entry or permission to remain in India where the person is considered inadmissible on grounds including:

• national security;
• sovereignty and integrity of India;
• relations with a foreign State;
• public health; or
• other grounds specified by the Central Government.

The Act provides that the decision of the Immigration Officer on such inadmissibility is final and binding.

Can a Person Be Prevented From Leaving India?

Yes. Section 3 also regulates departure from India.

A person cannot depart or attempt to depart from India by air, water or land without a valid passport or other travel document. In the case of a foreigner, a valid visa is also required.

Departure may also be prevented where the person’s presence is required in India by an authorised agency or on other grounds specified by the Central Government.

Immigration Officers may examine passports, visas and travel documents and require information relating to entry, transit, stay, movement and departure.

They may also seize passports or travel documents declared lost or stolen, considered damaged, forged or fraudulently obtained, or where seizure has been directed by the issuing authority or a court.

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What Is the Bureau of Immigration?

Section 5 provides for the constitution of a Bureau of Immigration.

The Bureau performs immigration functions and such additional functions as may be prescribed. Its general supervision, direction and control vest in the Central Government.

A Commissioner of the Bureau of Immigration exercises overall supervision over immigration functions. The Commissioner may be assisted by Foreigners Regional Registration Officers, Foreigners Registration Officers, Chief Immigration Officers and other authorised Immigration Officers.

The Central Government may also notify designated immigration posts for entry into and exit from India.

Is Registration of Foreigners Mandatory?

Section 6 provides that foreigners arriving in India are required to register with the concerned Registration Officer subject to the conditions and procedure prescribed under the rules.

The detailed conditions, categories of persons required to register and manner of registration may therefore depend upon rules framed under the Act.

Registration helps immigration authorities maintain official records relating to foreigners residing or staying in India.

What Powers Does the Central Government Have Over Foreigners?

Section 7 gives the Central Government broad powers to issue orders, directions or instructions regulating foreigners.

Such measures may apply to all foreigners, a particular foreigner or a specified class of foreigners.

The Government may regulate or prohibit their:

• entry into India;
• departure from India;
• presence or continued presence in India;
• residence in particular places;
• movement within India; and
• participation in specified activities.

A foreigner may also be required to report before authorities, provide proof of identity, submit photographs and biometric information, provide handwriting or signature specimens, undergo medical examination or comply with restrictions on movement and conduct.

These provisions make Section 7 one of the principal regulatory provisions of the Act.

What Are the Reporting Duties of Hotels and Accommodation Providers?

Section 8 imposes obligations on persons responsible for accommodation occupied by foreigners.

The keeper of accommodation must submit prescribed information regarding foreigners staying at the accommodation to the Registration Officer.

Foreigners staying at such accommodation are correspondingly required to provide the particulars necessary for this reporting obligation.

Residential premises of a non-commercial nature are ordinarily excluded from this requirement. However, where the civil authority issues a direction for a specified area, persons occupying or controlling residential premises may also be required to provide information regarding foreigners accommodated there.

What Are the Duties of Universities and Hospitals?

The Act extends reporting requirements beyond hotels and commercial accommodation.

Universities and Educational Institutions

Every university, educational institution or other institution admitting a foreigner must provide prescribed information concerning that foreigner to the Registration Officer.

Hospitals and Medical Institutions

Hospitals, nursing homes and other medical institutions providing medical treatment along with lodging or sleeping facilities must furnish information concerning foreigners receiving indoor medical treatment and attendants who are provided such lodging facilities.

These provisions create institutional responsibility for immigration-related reporting.

Can Foreigners Visit Protected and Restricted Areas?

Not automatically.

Section 11 provides that a foreigner cannot enter or stay in a Protected area, Restricted area or Prohibited place without special permission or a permit granted by the prescribed authority.

Any such permission remains subject to conditions specified in the relevant order.

A Protected area generally refers to an area contiguous with India’s international border or another area specified by the Central Government. A Restricted area refers to an area within India but outside the Protected area that has been specifically designated by the Government.

Can a Foreigner Change Name While Staying in India?

The Act regulates the use of names by foreigners.

A foreigner generally cannot assume or use a name different from the name ordinarily used immediately before the commencement of the Act or, for persons entering subsequently, immediately before entry into India, unless specific permission has been obtained.

The definition of change of name is broad enough to include alteration of spelling. The Act nevertheless contains an exception relating to the use by a married woman of her husband’s name.

What Happens When a Foreigner’s Movement Is Restricted?

Section 13 deals with foreigners directed to reside at places set apart for supervised residence.

Such persons may be subjected to conditions relating to maintenance, discipline and breaches of discipline determined by the Central Government.

The law also prohibits knowingly assisting such a foreigner to escape, harbouring the person or providing assistance intended to prevent or hinder apprehension.

Who Has the Burden of Proving That a Person Is Not a Foreigner?

Section 16 contains an important evidentiary rule.

Where a question arises under the Act regarding whether a person is a foreigner or belongs to a particular class or description of foreigners, the burden of proof lies upon that person to establish that the person is not such a foreigner.

The provision operates notwithstanding the Bharatiya Sakshya Adhiniyam, 2023. This constitutes a specific statutory departure from the ordinary rules governing evidentiary burden in legal proceedings.

What Duties Are Imposed on Airlines and Other Carriers?

Section 17 creates substantial obligations for carriers transporting persons into or out of India.

A carrier may be required to provide:

• passenger and crew manifests;
• advance passenger information;
• passenger name record information; and
• other prescribed information regarding passengers and crew.

Failure to furnish required information within the prescribed time, or furnishing false information without sufficient cause, may result in a penalty. However, the carrier must be given an opportunity of being heard before such penalty is imposed.

Where a foreigner’s entry is refused, the Immigration Officer may hand that person back to the carrier, which becomes responsible for removing the foreigner from India without delay.

Carriers are also prohibited from departing from an Indian port or place until immigration clearance has been obtained in the prescribed manner.

What Are the Penalties Under the Immigration and Foreigners Act, 2025?

The Act provides different penalties depending upon the nature of the contravention.

Entry Without Valid Passport or Visa

A foreigner entering India without a valid passport, other travel document or required visa may face:

• imprisonment extending to five years;
• fine extending to ₹5 lakh; or
• both.

Forged Passport, Travel Document or Visa

Knowingly using or supplying a forged or fraudulently obtained passport, travel document or visa for entering, staying in or exiting India attracts imprisonment of at least two years, which may extend to seven years.

The person is also liable to a fine of at least ₹1 lakh, which may extend to ₹10 lakh.

An attempt to use such forged or fraudulently obtained documentation for entry or exit is also treated as an offence.

Overstay and Other Violations

A foreigner who overstays the visa period, remains without valid travel documents, violates visa conditions or commits another contravention for which no separate punishment exists may face imprisonment extending to three years, a fine extending to ₹3 lakh, or both.

Abetment of specified offences may attract the same punishment as the underlying offence where the act is committed in consequence of the abetment. For this purpose, the Act adopts the meaning of abetment contained in Section 45 of the Bharatiya Nyaya Sanhita, 2023.

Can Immigration Offences Be Compounded?

Certain offences under Sections 21, 23 and 24 may be compounded before prosecution or during trial by authorised officers or authorities.

The amount imposed for compounding cannot exceed the maximum fine prescribed for the relevant offence.

However, the compounding mechanism does not apply where a similar offence has already been compounded within the preceding three years.

Where compounding occurs before prosecution, prosecution need not be instituted. Where an offence is compounded during trial, the court must be informed and the concerned person or entity may be discharged in accordance with Section 25.

Can a Person Be Arrested Without Warrant?

Yes, in circumstances specified by the Act.

Under Section 26, a police officer not below the rank of Head Constable may arrest without warrant a person who has contravened, or against whom reasonable suspicion exists of having contravened, Section 3 or a rule or order made under it.

The relevant arrest provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 apply so far as possible.

Can the Central Government Remove a Foreigner From India?

Section 29 expressly empowers the Central Government to direct the removal of a foreigner from India.

Removal may be ordered where the foreigner has contravened the Act, a rule or an order made under it, or where there is an adverse security report.

Government officers may exercise reasonable powers necessary to enforce such removal directions.

This removal power operates independently from the criminal penalties that may arise from particular violations.

Can the Central Government Grant Exemptions?

Section 33 authorises the Central Government to exempt specified persons or classes from all or some provisions of the Act.

Exemptions may be granted to:

• citizens or classes of citizens of specified countries;
• individual foreigners;
• classes or descriptions of foreigners; and
• carriers or classes of carriers in appropriate circumstances.

Such exemptions may be subject to exceptions, modifications or conditions and must be issued through an order published in the Official Gazette.

Which Earlier Laws Were Repealed?

Section 36 repeals four earlier enactments:

1. Passport (Entry into India) Act, 1920;
2. Registration of Foreigners Act, 1939;
3. Foreigners Act, 1946; and
4. Immigration (Carriers’ Liability) Act, 2000.

However, repeal does not automatically invalidate actions already taken under those statutes.

Rules, orders, directions, proceedings, penalties and other actions taken under the repealed laws continue to operate, to the extent they are not inconsistent with the Immigration and Foreigners Act, 2025. The operation of Section 6 of the General Clauses Act, 1897 regarding the effect of repeal is also preserved.

Importance of the Immigration and Foreigners Act, 2025

The Immigration and Foreigners Act, 2025 represents an important restructuring of India’s statutory framework governing immigration and foreigners.

Its significance lies primarily in consolidation. Instead of regulating interconnected aspects of immigration through four separate statutes enacted at different points in time, the Act places major rules relating to entry, visas, registration, immigration authorities, reporting obligations, carrier responsibilities, penalties and removal within one legislative framework.

At the same time, the Act confers extensive regulatory powers on the Central Government and immigration authorities. It therefore needs to be understood not merely as a law dealing with passports and visas but as a comprehensive statutory system governing the legal position of foreigners from the point of entry into India until departure or removal.

Conclusion

The Immigration and Foreigners Act, 2025 provides the principal consolidated statutory framework for regulating immigration and foreigners in India. It governs valid travel documents and visas, registration, immigration posts, the Bureau of Immigration, movement and residence of foreigners, reporting by institutions, obligations of carriers, criminal offences, penalties and removal.

The legislation also substantially strengthens administrative responsibility by imposing duties not only on foreigners but also on accommodation providers, universities, medical institutions and carriers.

For legal study, the Act is particularly important because it replaces four earlier statutes while preserving valid actions taken under the previous legal framework. Its provisions demonstrate how immigration law combines questions of entry and documentation with national security, administrative regulation, institutional compliance and penal consequences.