Text of the Section:

(1) This Act may be called the Immigration and Foreigners Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Explanation:

This section provides the official name of the Act and its commencement date (1st September, 2025).

Key Points:

• Official Name: Immigration and Foreigners Act, 2025
• Commencement: 1st September, 2025
• Authority: Central Government determines the date

Example:

Key Definitions Table:

Term	Definition	Practical Example
Accommodation	A temporary or permanent premises where a foreigner is accommodated	Hotels, guest houses, rented apartments, hostels
Carrier	Person/entity engaged in transporting passengers by air, water or land	Airlines (Air India, Emirates), Shipping companies, Bus operators
Foreigner	A person who is not a citizen of India	US tourist, UK student, Chinese businessman
Immigration Officer	Officer authorized by Central Government to carry out immigration functions	Officials at airport immigration counters
Immigration Post	Point of entry/exit from India for immigration purposes	Delhi IGI Airport, Mumbai Port, Wagah Border
Passport	Document issued under Passport Act, 1967 or by foreign government	Indian passport, US passport, UK passport
Visa	Authorization permitting foreigner to enter/transit/stay in India	Tourist visa, Business visa, Student visa
Protected Area	Area contiguous with India's international border	Border areas in Jammu & Kashmir, Rajasthan, Punjab
Restricted Area	Area within India outside protected area as specified	Certain parts of Arunachal Pradesh, Nagaland
Prohibited Place	Place specified by Central Government	Military installations, sensitive government facilities

Related Case Law:

Text of the Section:

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 document, and in case of a foreigner, also a valid visa.

Key Requirements:

Person Type	Entry Requirements	Stay Requirements	Exit Requirements
Indian Citizen	Valid Passport/Travel Document	Valid Passport	Valid Passport
Foreigner	Valid Passport + Valid Visa	Valid Passport + Valid Visa	Valid Passport + Valid Visa

Grounds for Inadmissibility:

• Threat to national security
• Threat to sovereignty and integrity of India
• Adverse impact on relations with a foreign State
• Public health concerns
• Other grounds specified by Central Government

Example:

Powers of Immigration Officer:

1. Examine passport, travel documents, and visa
2. Require furnishing of necessary information
3. Seize lost, stolen, damaged, forged, or fraudulent documents
4. Make final and binding decisions on entry/exit

Purpose:

Designates official points of entry and exit from India for immigration control.

Types of Immigration Posts:

• Air Posts: International airports (IGI Delhi, Mumbai, Bangalore, etc.)
• Sea Posts: International seaports (Mumbai, Chennai, Kochi, etc.)
• Land Posts: Land border crossings (Wagah, Petrapole, Dawki, etc.)

Structure:

Establishes the Bureau of Immigration as the principal agency for immigration functions.

Hierarchy:

Position	Role	Authority
Central Government	General supervision & control	Supreme authority
Commissioner, Bureau of Immigration	Overall supervision of immigration functions	Appointed by Central Government
FRRO (Foreigners Regional Registration Officer)	Regional level supervision	Assists Commissioner
FRO (Foreigners Registration Officer)	Local level registration	Assists Commissioner
Chief Immigration Officers	Airport/port level operations	Assists Commissioner
Immigration Officers	Front-line immigration control	Authorized by Central Government

Functions:

• Visa issuance and regulation
• Entry and exit control
• Transit management
• Monitoring stay and movement of foreigners
• Registration of foreigners

Requirement:

Foreigners arriving in India must register with the Registration Officer as per prescribed conditions and manner.

Registration Process:

1. Who Must Register: Foreigners staying beyond 180 days (typically)
2. Where to Register: FRRO/FRO office in the jurisdiction
3. Timeline: Within 14 days of arrival or visa issuance date
4. Documents Required:
   • Valid passport
   • Valid visa
   • Proof of residence in India
   • Photographs

Exemptions:

• Tourists staying less than 180 days (with valid visa)
• Persons covered under special agreements
• Diplomatic/Official passport holders

Scope of Power:

Central Government can issue orders to prohibit, regulate, or restrict:

• Entry of foreigners into India
• Departure from India
• Presence or continued presence in India

Specific Controls (Section 7(2)):

Clause	Control Type	Example
(a)	Entry restrictions	Must enter only through Delhi Airport, not through land border
(b)	Departure restrictions	Cannot leave India pending investigation
(c)	Residence restrictions	Cannot remain in sensitive border areas
(d)	Cost of removal	Foreigner must pay for deportation expenses
(e)	Area restrictions	Must remain in Mumbai city limits
(f)(i)	Examination requirement	Must present for questioning monthly
(f)(ii)	Residence requirement	Must reside at specified address
(f)(iii)	Movement restrictions	Cannot travel outside district without permission
(f)(iv)	Identity proof	Must report to police station weekly
(f)(v)	Biometric data	Must provide fingerprints and photographs
(f)(vi)	Medical examination	Must undergo TB screening
(f)(vii)	Association prohibition	Cannot meet with suspected criminals
(f)(viii)	Activity prohibition	Cannot engage in political activities
(f)(ix)	Article prohibition	Cannot possess certain communication devices
(f)(x)	Conduct regulation	Must maintain good behavior

Who is Obligated:

• Hotel managers
• Guest house owners
• Hostel wardens
• Landlords (in specified areas)

Obligations:

1. Submit information about foreign guests to Registration Officer
2. Maintain records of foreigner accommodations
3. Report within prescribed timeframe (usually 24 hours)

Information to be Furnished:

Information Type	Details Required
Personal Details	Name, age, nationality, gender
Document Details	Passport number, visa type, visa validity
Stay Details	Check-in date, expected check-out date
Purpose	Purpose of visit (tourism, business, etc.)

Exemption:

Private residential premises (non-commercial) are generally exempt unless specifically directed by civil authority in certain areas.

Requirement:

Educational institutions admitting foreign students must report to Registration Officer.

Information to be Provided:

• Student's personal details
• Course details and duration
• Residential address in India
• Passport and visa details
• Sponsor information

Requirement:

Medical facilities providing indoor treatment to foreigners must inform Registration Officer.

Reporting Scope:

• Foreign patient taking indoor treatment
• Attendants provided lodging/sleeping facilities

Restriction:

Foreigners cannot enter or stay in protected/restricted areas or prohibited places without special permit.

Categories:

Category	Definition	Examples	Permit Required
Protected Area	Areas contiguous with international border	Jammu border areas, Rajasthan border districts, Punjab border regions	Protected Area Permit (PAP)
Restricted Area	Specified areas within India	Parts of Arunachal Pradesh, Nagaland, Mizoram, Sikkim	Restricted Area Permit (RAP)
Prohibited Place	Specific sensitive locations	Military bases, defense installations, nuclear facilities	Special Permission

Prohibition:

Foreigners cannot change their name while in India without specific permission.

Application Process:

1. Submit application to prescribed authority (usually FRRO)
2. Provide justification for name change
3. Submit supporting documents
4. Await approval

Definition of Name Change:

• Includes change in surname
• Even spelling alterations are considered changes

Exception:

Married women assuming husband's name is permitted without special permission.

Applicability:

Applies to foreigners under supervision at designated places.

Conditions:

• Subject to maintenance rules
• Discipline requirements
• Punishment for offenses and breaches

Prohibited Acts:

1. Assisting escape from custody
2. Harboring such foreigners
3. Helping to prevent apprehension

Access Regulation:

Government can regulate access to such places and control dispatch of articles.

Authority:

Civil authority can control establishments frequented by foreigners.

Powers:

1. Close premises (entirely or during specified periods)
2. Impose conditions on use of premises
3. Refuse admission to all/specific foreigners

Appeal Rights:

• Appeal to Central Government within 30 days
• Central Government's decision is final

Situation:

Applies when a foreigner holds multiple nationalities.

Determination:

Authority treats foreigner as national of:

• Country on whose passport they entered India, OR
• Country with which most closely connected

Decision Authority:

• Civil authority or Immigration Officer makes initial determination
• Decision is final
• Central Government can revise on application or suo moto

Legal Principle:

Onus of proving that a person is NOT a foreigner lies on that person.

Key Points:

• Reverses normal burden of proof
• Overrides Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act)
• Person must prove Indian citizenship

Acceptable Proof:

• Birth certificate issued in India
• Indian passport
• Voter ID card
• Aadhaar card
• Domicile certificate
• School/college certificates from India

Definition of Carrier (for this section):

Includes pilot, master of vessel, company representative, station manager, operator, or authorized person.

Primary Obligations:

Obligation	Description	Timeline
Passenger & Crew Manifest	Complete list of all passengers and crew	As prescribed
Advance Passenger Information (API)	Passenger data sent before arrival	Before landing/docking
Passenger Name Record (PNR)	Booking records for each passenger	As prescribed
General Declaration	Overall flight/vessel details	Before departure

Information in API/PNR:

• Full name of passenger
• Date of birth
• Nationality
• Passport number
• Country of residence
• Travel route
• Contact information
• Payment details (for PNR)

Consequences of Non-Compliance:

1. Penalty: Up to ₹50,000 per violation (Section 18)
2. Process:
   • Opportunity of hearing must be given
   • Appeal available within 30 days
   • Further 30 days extension possible for sufficient cause

Additional Obligations:

Situation	Carrier's Obligation
Entry Refused	Take back the passenger immediately at carrier's expense
Illegal Entry	Provide accommodation for removal within 2 months (if directed)
Removal Order	Provide passage to specified destination on tender of payment
Departure	Cannot depart without immigration clearance

Passenger Obligations:

Passengers must provide accurate information to carriers for API/PNR submission.

Penalty:

Up to ₹50,000 for contravention of Section 17 obligations.

Penalty Range:

Minimum ₹2 lakh to Maximum ₹5 lakh per passenger brought in violation of Section 3.

Appeal Process:

• Appeal within 30 days
• Extension up to further 30 days for sufficient cause
• Appellate authority conducts inquiry

Recovery Mechanism:

1. Seize/detain aircraft, ship, or vehicle
2. Seize, detain, or sell carrier's goods/properties
3. Other notified means

Deemed Contraventions:

1. Direct Contravention: Violating any provision
2. Attempt: Attempting to contravene
3. Abetment: Abetting or attempting to abet
4. Preparatory Acts: Doing preparatory acts for contravention
5. Failure to Comply: Failing to comply with directions
6. Assistance: Giving assistance to prevent arrest/trial/punishment

Carrier Liability:

Carrier is deemed to have contravened unless proves "all due diligence" was exercised.

Offense:

Entering India without valid passport/travel document/visa in violation of Section 3.

Punishment:

Type	Quantum
Imprisonment	Up to 5 years
Fine	Up to ₹5 lakh
Both	Imprisonment + Fine

Offense:

Knowingly using or supplying forged/fraudulently obtained passport, travel document, or visa.

Punishment (Most Severe):

Type	Minimum	Maximum
Imprisonment	2 years	7 years
Fine	₹1 lakh	₹10 lakh

Note: Both imprisonment AND fine are mandatory (not "or").

Includes Attempts:

Even attempting to use forged documents is an offense.

Covers:

1. Overstaying: Remaining beyond visa period
2. Invalid Documents: Staying without valid passport/travel document/visa
3. Visa Violations: Violating visa conditions
4. Other Provisions: Violating any other provision without specific punishment

Punishment:

Type	Quantum
Imprisonment	Up to 3 years
Fine	Up to ₹3 lakh
Both	Imprisonment + Fine

Principle:

Person abetting offenses under Sections 21, 22, or 23 receives same punishment as main offender.

What Constitutes Abetment:

• Instigation
• Conspiracy
• Providing aid

Condition:

Act must be committed in consequence of abetment.

Compoundable Offenses:

Offenses under Sections 21, 23, and 24 can be compounded.

Not Compoundable:

Section 22 offenses (forged documents) cannot be compounded.

Process:

1. Before institution of prosecution OR during trial
2. By officers/authorities notified by Central Government
3. Payment not exceeding maximum fine for that offense
4. Subject to Central Government's direction and supervision

Effect of Compounding:

• Before Prosecution: No prosecution instituted
• During Trial: Offender discharged

Restriction:

Cannot compound if similar offense compounded within preceding 3 years.

Who Can Arrest:

Police officer not below rank of Head Constable

When Arrest Possible:

• Person has contravened Section 3, or
• Reasonable suspicion of contravention exists

Type of Arrest:

Without Warrant - No prior judicial approval needed.

Procedure:

Section 58 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies:

• Inform person of grounds of arrest
• Inform about right to bail
• Inform nominated person about arrest
• Produce before magistrate within 24 hours

Authority Powers:

• Take necessary steps to enforce compliance
• Use reasonable force
• Right of access to any property

Police Powers:

Police (Head Constable and above) can enforce rules and directions using reasonable force.

Delegation Scope:

Central Government can delegate powers to:

• Subordinate officers/authorities
• State Governments
• Officers subordinate to State Government

Grounds for Removal:

1. Contravention of Act provisions
2. Violation of rules/orders
3. Adverse security report

Authority:

Central Government can order removal (deportation) of foreigner from India.

Enforcement:

Government officers have all necessary powers to enforce removal orders.

Rule-Making Authority:

Central Government can make rules for implementing the Act.

Matters for Rules (Specified in Section 30(2)):

S.No.	Matter	Related Section
1	Other functions of Immigration Officer	§2(h)
2	Conditions for other travel documents	§2(m)
3	Conditions for passports	§2(n)
4	Authority to grant visa	§2(t)
5	Bureau of Immigration functions	§5(1)
6	Appointment of Bureau officers	§5(2)
7	Commissioner's other functions	§5(3)
8	Registration conditions & manner	§6
9	Information submission by accommodation keepers	§8
10	Information submission by educational institutions	§9
11	Information submission by hospitals	§10
12	Name change permission authority & manner	§12
13	Restricted articles dispatch	§13(3)
14	Conditions for controlling places	§14
15	Carrier information requirements	§17(1)
16	Appellate authority for carrier appeals	§17(4), §19(2)

Parliamentary Control:

All rules must be laid before Parliament for 30 days (one or more sessions).

Parliament's Powers:

• Modify the rules
• Annul the rules
• If modified/annulled, rules have effect accordingly

Saving Clause:

Modification/annulment doesn't affect previous actions taken under those rules.

Protection Granted:

No suit or legal proceeding against persons for actions done in good faith under the Act.

Applies To:

• Immigration Officers
• Police officers
• Civil authorities
• Government officers

Condition:

Action must be in "good faith" - honest belief and without malice.

Exemption Power:

Central Government can exempt (by Official Gazette notification):

1. Citizens of specific countries
2. Class of citizens of specific countries
3. Individual foreigners
4. Class/description of foreigners
5. Carriers or class of carriers

Scope:

• All or any provisions of the Act
• Rules or orders
• With modifications/exceptions/conditions

Grounds:

• Public interest
• Fulfilling international obligations

Parliamentary Oversight:

Every exemption order must be laid before Parliament.

Principle:

This Act is in addition to, not in place of, other laws.

Meaning:

• Other applicable laws continue to apply
• This Act doesn't prevent application of other laws
• Offender can be prosecuted under multiple laws

Purpose:

Addresses implementation challenges during initial period.

Authority:

Central Government can issue orders to remove difficulties.

Conditions:

• Order must be consistent with Act's provisions
• Only for removing difficulties in implementation
• Power available for 3 years from commencement
• Every order laid before Parliament

Repealed Acts:

Act	Year	Act No.
Passport (Entry into India) Act	1920	34 of 1920
Registration of Foreigners Act	1939	16 of 1939
Foreigners Act	1946	31 of 1946
Immigration (Carriers' Liability) Act	2000	52 of 2000

Saving Provisions:

Notwithstanding repeal:

• Actions taken under repealed Acts remain valid
• Rules, orders, directions issued continue (if consistent)
• Proceedings initiated continue
• Penalties/fines imposed remain enforceable

General Clauses Act Application:

Section 6 of General Clauses Act, 1897 applies to this repeal.