- The act consolidates India’s Immigration Laws and imposes stricter penalties for forged documents while strengthening monitoring and reporting of foreigners.
Replaced Laws:
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Foreigners Act, 1946
- Immigration (Carriers’ Liability) Act, 2000
Core Provisions:
- Strict penalties for forged documents: Employing or supplying forged passports, visas, or travel documents may attract 2–7 years’ imprisonment and fines up to ₹10 lakh; minimum penalty is 2 years + ₹1 lakh.
- Unauthorized entry into restricted areas may lead to up to 5 years’ jail or a ₹5 lakh fine.
- Mandatory reporting: Hotels, educational institutions, hospitals, and nursing homes must report foreign nationals’ details; carriers (airlines, shipping) must share advance passenger/crew data.
- Power to regulate premises: The Central government may shut down premises frequented by foreigners linked to illegal activities.
- Statutory status to Bureau of Immigration: Grants formal authority to identify, detain, and deport illegal foreigners—functions earlier carried out informally.
Exemptions Under the Exemption Order, 2025
- Notified under Section 33, the following categories are exempted from passport, visa, or travel document requirements-
- Armed Forces & Families: Members of the Indian naval, military, or air forces, and accompanying family members on government transport, are exempt from documentation requirements.
- Citizens of India entering via Nepal or Bhutan borders by land or air are exempt.
- Citizens of Nepal and Bhutan entering via their respective borders are exempt- even when traveling to or from other countries, provided entry/exit isn’t from China, Hong Kong, Macau, or Pakistan.
- Tibetans with valid Certificates of Registration and special entry permits (issued between 1959–2003 via the Embassy of India in Kathmandu or thereafter via designated posts) are exempt.
- Minority communities from Afghanistan, Bangladesh, and Pakistan– Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians- who entered on or before December 31, 2024, due to religious persecution, are exempt, even if their travel documents have expired or are invalid.
- Sri Lankan Tamil refugees who arrived before January 9, 2015, and are registered are also exempt from documentation requirements.
- Other exemptions: Holders of diplomatic/official passports under intergovernmental agreements, nationals eligible for visa-on-arrival, and foreign naval personnel on goodwill visits, exercises, or relief missions may also be exempted.
Source: The Hindu