Why in the news?

  • The Ministry of Home Affairs notified the Immigration and Foreigners (Exemption) Order 2025 in the Gazette of India.

Immigration and Foreigners Act, 2025

  • What is it?: The act consolidates India’s Immigration Laws and impose 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 ₹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 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 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 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.