1. Preamble:
1.1. Recently the Indian Parliament has passed The Immigration and Foreigners Act, 2025 (the Act). The Act has received the assent of the President of India on April 4, 2025 and, therefore, this has become the law of the land. Further, the Central Government has appointed the 1st day of September, 2025, as the date on which the provisions of the Act shall come into force [Vide Notification No. S.O 3981 (E) dated August 31, 2025]
1.2. In terms of the Act, a number of rules and notifications under various sections are to be framed and notified by the Central Government. These are yet to be notified.
2. Objective of the Act:
2.1. The Statement of Objectives and Reasons appended to the Bill of the Act contains the following major provisions:
2.2. The matters relating to Foreigners and Immigration are presently administered through 4 Acts viz:
i. The Foreigners Act, 1946;
ii. The Registration of Foreigners Act, 1939;
iii. The Passport (Entry Into India) Act, 1920; and
iv. The Immigration (Carriers Liability) Act, 2000
2.3 The Act repeals all the above 4 Acts. The main reasons being (i) they were brought into pre-constitution period; and (ii) there are some overlapping provisions among the said Act.
2.4 The Act confers powers on the Central Government to provide for details of requirement of passport and other travel documents in respect of persons entering and exiting from India.
3. Important provisions of the Act:
3.1. Some of the most important provisions as contained in the Act are highlighted below. The requirements remain more or less the same under the repealed Act.
a. No person proceeding from any place outside India shall enter or attempt to enter India by air, water or land, unless he is in possession of a valid passport or other travel documents including a valid Visa.
b. It shall be the duty of the keeper of every accommodation such as hotels, guest houses etc to submit the information to Registration Officer concerned as may be prescribed. Every University, educational institutions or any other
institutions admitting any foreigner shall furnish to the Registration Officer such information as may be prescribed.
c. The Bureau of Immigration performs immigration functions as may be prescribed shall be constituted.
d. No foreigner shall enter into any protected area or restricted are as may be prescribed.
e. The Act also attaches responsibilities on the carriers. Section 17(1) prescribes that the carrier landing or embarking at a port or place in India shall furnish to the civil authority or immigration officer, the particulars of the passenger, including foreigners.
f. Any foreigner who enters any area in India without valid passport or any other travel documents in contravention of the provisions of this Act shall be punishable with imprisonment for a term which may extend to 5 years or with fine, which may extend to Five lakhs or with both.
g. The Central Government is empowered to make rules on various provisions of the Act as are required.
