Ministry: 
Home Affairs
 
  • The Immigration and Foreigners Bill, 2025 was introduced in Lok Sabha on March 11, 2025.  It seeks to regulate immigration, entry, and stay of foreigners in India.  It repeals the following Acts: (i) the Passport (Entry into India) Act, 1920, (ii) the Registration of Foreigners Act, 1939, (iii) the Foreigners Act, 1946, and (iv) the Immigration (Carriers’ Liability) Act, 2000.  Key features of the Bill include:

  • Immigration:  The 1920 Act empowers the central government to frame rules requiring persons entering India to possess passports.  The Bill provides that persons entering or departing from India must also have a valid visa (for foreigners) along with valid passports or other valid travel documents.  These documents may be examined by the immigration officer.  The Bill 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.  The Bill provides for setting up of the Bureau of Immigration for performing immigration functions and other prescribed functions.  Immigration functions include: (i) visa issuance and regulation of entry into India, or (ii) transit, stay and movement within and exit from India.  The Commissioner of the Bureau, appointed by the central government, will supervise immigration and other prescribed functions.

  • Registration of foreigners:  The 1939 Act empowers the central government to make rules for foreigners to report their presence to a prescribed authority.  The Bill provides that on arrival in India, foreigners must register with a Registration Officer.

  • Obligations of persons/entities to provide prescribed information:  The 1946 Act places obligations on masters of vessels/pilots of aircrafts transporting passengers/crew to furnish prescribed information regarding foreigners onboard.  Hotel keepers providing accommodation to foreigners shall also furnish such information.  The Bill requires carriers landing or embarking in India to furnish information of crew/passengers on board to a civil authority or immigration officer.  The Bill adds that educational institutions must provide prescribed information to the Registration Officer on admitting foreigners.  Further, medical institutions must provide information regarding foreign patients availing indoor treatment or their attendants availing lodging facilities to the Registration Officer.

  • Carriers:  The 2000 Act defines carrier as any person or association of persons engaged in the business of transporting passengers by water or air.  The Bill expands the definition to include transportation of passengers and cargo by air, water, or, land through aircraft, ship, or any other mode of transport.  The Bill also prohibits aircrafts/vessels/any other mode of transport departing from India until a clearance has been obtained from the Immigration Officer.  This clearance will be granted on submitting a prescribed general declaration.

  • Offences and penalties:  All four Acts provide for imposition of penalties upon contravention of various provisions.  The Bill seeks to change the penalty for certain offences.  For instance, under the 1920 Act, entering without valid passports is punishable with imprisonment of up to five years, fine up to Rs 50,000 or both.  The Bill penalises foreigners entering without valid passport or other travel documents with imprisonment of up to five years, fine up to five lakh rupees, or both.

  • Power of arrest:  The 1920 Act empowers any police officer, not below the rank of sub-inspector, and any officer of the Customs Department, to arrest without warrant persons entering India without passports.  The Bill empowers police officers not below the rank of a Head Constable to arrest without warrant.

 

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