Key provisions of the Bill
Stricter entry rules:
Foreigners can be denied entry based on national interest concerns, and the burden of proof will lie on the individual rather than the state.
Mandatory valid documents: No individual can enter India without a valid passport or visa. Severe penalties will be imposed for overstaying or using forged documents.
Registration requirements: Foreigners must register upon arrival, and restrictions will apply to name changes, movement, and access to protected areas.
Penalties for violations:
Entry without valid documents can get up to 5 years imprisonment and a fine up to ₹5 lakh.
Use of forged documents can attract up to 7 years imprisonment, with fines between ₹1 lakh and ₹10 lakh.
Overstaying, visa violations, or trespassing in restricted areas can get up to 3 years imprisonment and a fine up to ₹3 lakh.
Immigration officers will have the power to arrest individuals without a warrant and regulate the movement of foreigners. The Centre can restrict departures if a person’s presence is required by an authorised agency.
Current immigration laws
At present, India’s immigration system is governed by the Foreigners Act, 1946, the Registration of Foreigners Act, 1939, and the Passport (Entry into India) Act, 1920. Visas are issued in both physical and electronic formats, with visa-on-arrival available to nationals from Japan, South Korea, and the UAE (for UAE nationals with prior Indian visas).
According to Union Home Ministry data, 98.40 lakh foreigners visited India between April 1, 2023, and March 31, 2024.
Opposition’s concerns
The bill has faced resistance from opposition parties:
Congress MP Manish Tewari called it unconstitutional, arguing that it could be used to deny entry to individuals who do not align with the ideology of the ruling government.
TMC MP Saugata Roy raised concerns that the law might hinder the inflow of global talent.
Repeal of existing laws
Once enacted, the Immigration and Foreigners Bill, 2025, will replace:
Foreigners Act, 1946
Passport (Entry into India) Act, 1920
Registration of Foreigners Act, 1939
Immigration (Carriers’ Liability) Act, 2000
