'5 years in prison, ₹5 lakh fine for arrival without valid documents': Immigration and Foreigners Bill, explained

'5 years in prison, ₹5 lakh fine for arrival without valid documents': Immigration and Foreigners Bill, explained

The bill proposes to replace four colonial-era laws, including the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920, to create a single, modern legal framework

Union Home Minister Amit Shah
Business Today Desk
  • Mar 11, 2025,
  • Updated Mar 11, 2025, 6:13 PM IST

The Indian government has introduced the Immigration and Foreigners Bill, 2025 in the Lok Sabha, aiming to streamline immigration laws, strengthen national security, and impose stricter penalties for violations. The bill proposes to replace four colonial-era laws, including the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920, to create a single, modern legal framework.

Key features 

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1. National security measures

The bill prioritises national security and sovereignty, stating that any foreigner posing a threat to India's integrity will be denied entry or permission to stay. Immigration officers will also have the power to arrest individuals without a warrant if they are suspected of violating immigration laws.

Additionally, foreigners must register upon arrival, and their movements, name changes, and access to certain areas may be restricted.

2. Stricter entry and stay regulations

All foreigners entering or leaving India must have a valid passport and visa. Institutions like educational establishments, hospitals, and nursing homes must report foreign nationals under their care to immigration authorities.

Carriers such as airlines and transport operators will be held responsible for bringing foreigners without valid documents. If a foreigner is denied entry, the carrier must immediately remove them from India or face fines and possible transport seizure.

3. Heavy penalties for violations

The bill introduces strict penalties for violations, including: Arriving without valid documents: Up to five years in prison and a ₹5 lakh fine. Using forged documents: Two to seven years in jail, fines ranging from ₹1 lakh to ₹10 lakh. Overstaying or violating visa conditions: Up to three years imprisonment and a ₹3 lakh fine. Transporting foreigners without valid papers: ₹5 lakh fine and potential vehicle seizure. Foreigners with dual citizenship will be treated as citizens of the country whose passport they used to enter India.

Government’s justification

Introducing the bill, Minister of State for Home Affairs, Nityanand Rai, clarified that the new law is not meant to discourage visitors but to ensure strict compliance with immigration rules. "India welcomes visitors, but they must follow immigration laws. As India grows economically, we are committed to facilitating tourism while ensuring national security," he stated.

Potential impact & debate

The bill is expected to spark debate over the broad powers granted to immigration officers and the administrative burden on individuals and institutions. While the government argues that the bill is crucial for security and streamlining processes, critics may question its impact on foreign nationals, businesses, and human rights.

As the bill undergoes parliamentary scrutiny, its final version could significantly reshape India’s approach to immigration enforcement and national security.

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