NEW DELHI: The Immigration and Foreigners Bill 2025 is set for its Lok Sabha introduction. The bill aims to modernize and consolidate India’s immigration laws. Union Home Minister Amit Shah is likely to move for leave to introduce a Bill to confer upon the Central Government certain powers to provide for the requirement of passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners, including the requirement of visa and registration and for matters connected therewith or incidental thereto.
A significant change in the proposed immigration legislation places the responsibility of proving legal status on the individual rather than the state. The bill explicitly prohibits entry or residence for any foreign national considered a threat to India’s national security, sovereignty, or integrity. It also mandates that all foreigners register upon arrival and imposes restrictions on their movement, name changes, and access to protected or restricted areas. Additionally, institutions such as educational establishments, hospitals, and nursing homes must report the presence of foreign nationals to immigration authorities.
The proposed law introduces stringent penalties for breaches of immigration rules. Unauthorized entry into India without a valid passport or visa may lead to imprisonment for up to five years, along with a fine of up to Rs 5 lakh. Those using forged documents could face prison terms ranging from two to seven years and fines between Rs 1 lakh and Rs 10 lakh. Offences such as overstaying, violating visa conditions, or entering restricted areas may result in up to three years of imprisonment, fines of up to Rs 3 lakh, or both.
Transport carriers ferrying individuals without proper documentation will also be held accountable. They may be fined up to Rs 5 lakh, and failure to pay could lead to the seizure of their vehicles. In cases where a foreigner is denied entry, the carrier will be responsible for ensuring their immediate departure from India. The bill also grants immigration officers expanded powers, including the authority to arrest individuals without a warrant.
The central government will have greater control over the movement of foreigners, including the ability to restrict entry, prevent departure, and prohibit access to specific areas. Foreign nationals will be required to exit India at their own expense and provide biometric data for identification purposes.
The proposed legislation seeks to replace multiple colonial-era laws, including the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, and the Immigration (Carriers’ Liability) Act, 2000. These laws, originally designed for wartime circumstances, are now considered outdated. The government argues that a unified framework is necessary to modernize immigration regulations and eliminate redundant provisions.