 Agencies
New Delhi, Mar 16: Anyone found using a forged passport or visa for entering, staying or exiting India will be punished with a jail term of up to seven years and a fine to the extent of Rs 10 lakh if the new immigration bill is approved by Parliament.
The legislation, piloted by the Union Home Ministry, also provides for mandatory reporting of information about foreigners by hotels, universities, other educational institutions, hospitals and nursing homes to enable tracking of overstaying foreigners.
All international airlines and ships will also be required to submit at a port or place in India the passenger and crew manifest, the advance information of passengers and crew on board of such aircraft, vessel or other mode of transport.
“Whoever knowingly uses or supplies a forged or fraudulently obtained passport or other travel document or visa for entering into India or staying in or exiting from India, shall be punishable with an imprisonment for a term which shall not be less than two years, but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupees, but may extend to ten lakh rupees,” according to the bill introduced in Lok Sabha on March 11.
It also says that any foreigner who enters into any area in India without a valid passport or other travel document, including visa required for such entry in contravention of provisions of the law or of any rule or order given in pursuance thereof, shall be punishable with an imprisonment for a term which may extend to five years with a fine which may extend to five lakh rupees or with both.
The legislation empowers the Centre to exert control over places that are “frequented by any foreigner” and require the owner to close the premises, permit its use under specified conditions, or refuse admission to all or a “specified class” of foreigners.
The Immigration and Foreigners Bill, 2025 is a comprehensive legislation to regulate all matters relating to foreigners and immigration.
Matters relating to foreigners and immigration are presently administered through four Acts-the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers’ Liability) Act, 2000. All these laws are now proposed to be repealed.
While the Immigration and Foreigners Bill, 2025 consists of several existing provisions in the four Acts proposed to be repealed after simplification and harmonisation, it also has certain new provisions to meet the present-day requirements.
This legislation is in line with the government’s policy of simplification of laws, ease of doing business and minimising compliance burden.
It seeks to balance the requirements of national security and related issues of immigration of foreigners with the need to promote economic growth and tourism in the country.
However, it is not connected with any matters related with grant of citizenship.
“The Bill will help in tackling the problem of illegal migration into India and facilitate tracking of movement of overstaying foreigners within India.It will also help in reducing the compliance burden,” an officer said.
While Indian visas of all categories to foreigners can be granted in physical or sticker form by Indian missions or posts located abroad, the Bureau of Immigration (BoI) grants electronic visas under seven categories to people from 167 countries.
Besides, visa-on-arrival is granted by immigration authorities at six designated airports to nationals of three countries — Japan, South Korea and the UAE (only for such UAE nationals who had earlier obtained e-visa or regular or paper visa for India).
The stay and movement of foreigners in India and their exit are regulated by the BoI and state governments and Union Territory administrations.
According to existing laws, all foreigners on long-term (more than 180 days) student, medical, research, employment, missionary and project visas are required to register with the Foreigners Regional Registration Officer (FRRO) or the Foreigners Registration Officer (FRO) concerned, having jurisdiction over the place where the foreigner intends to stay, within 14 days of arrival.
Pakistani nationals are required to register within 24 hours of their arrival.
Other laws that cover foreigners in India include the Citizenship Act, 1955, which regulates acquisition and termination of Indian citizenship as well as acquisition and registration of foreigners as Overseas Citizens of India (OCI).
Apart from movement, stay and visa, there are certain protected areas in India where foreigners need special permits to travel, including multiple states in the northeastern region, the whole of Andaman and Nicobar, and parts of Jammu and Kashmir, Uttarakhand, Himachal Pradesh and Rajasthan.
According to Union Home Ministry data, 98.40 lakh foreigners visited India between April 1, 2023, and March 31, 2024. |
