India tightens immigration laws, jail term, heavy fines for violators
New Delhi: The Lok Sabha on Thursday passed the Immigration and Foreigners Bill, 2025, a comprehensive legislation aimed at regulating the entry, stay, and departure of foreigners in India. The Bill, introduced by Union Home Minister Amit Shah, seeks to replace older immigration laws and strengthen national security measures while streamlining visa processes.
Replying to the debate, Shah asserted that India would welcome those coming for legitimate purposes such as business, education, and investment but would deal strictly with individuals posing security threats. “India is not a ‘dharamshala’ (resthouse),” he declared, reiterating that the country would not allow unchecked entry. The Bill was passed by a voice vote, with amendments proposed by opposition members being rejected.
One of the significant provisions of the Bill states that any individual found using a forged passport or visa to enter, stay, or exit India will face imprisonment for up to seven years and a fine of up to Rs 10 lakh. Shah noted that the law also mandates close monitoring of all foreign visitors.
The bill categorises foreigners into six groups: tourists, students, skilled workers, business visitors, refugees and asylum seekers, and illegal immigrants. Each category is subject to specific visa rules, duration of stay, and renewal conditions. It further details various types of visas available, such as tourist, business, employment, student, medical, research, religious, journalist, refugee/asylum, and transit visas, as well as regulations for Overseas Citizen of India (OCI) cardholders.
Under previous laws, foreigners were required to report their presence to a designated authority. The new legislation mandates that foreign nationals register with a registration officer upon arrival if their stay exceeds a specified period. Those staying longer than 180 days must register with the Foreigners Regional Registration Office (FRRO) within 14 days of arrival, providing details such as address, local contacts, and intended duration of stay. Any changes, including employment status, address, or university transfers, must also be reported to the FRRO, failing which penalties, including fines and deportation, may be imposed.
Tourists and students are barred from engaging in employment or business activities, while business visa holders cannot take up salaried positions. A visa may be revoked if a foreign national is found violating Indian laws, obtaining a visa through fraudulent means, or posing a national security risk.
The legislation classifies violations into minor and major categories, determining penalties accordingly. Minor infractions may lead to warnings, fines, or a ban from re-entering India for up to five years. Repeat offenders will face stricter penalties. Illegal immigrants attempting re-entry after deportation will be sentenced to 10 years in prison and receive a lifelong ban. Major violations, including fraud, serious crimes, or links to terrorism, will result in deportation, imprisonment, and permanent blacklisting.
Additionally, the Bill increases penalties for visa overstays and introduces provisions for asylum seekers facing persecution in their home countries. The government will have the authority to deny entry to individuals based on intelligence reports. Shah emphasised that those who believe they have been unfairly denied entry can seek judicial recourse.
Opposition members, including Congress MP Manish Tewari, expressed concerns over certain provisions granting broad powers to immigration authorities. Tewari argued that the Bill gives “arbitrary powers” to exempt certain categories of foreigners from its purview and urged that it be sent to a parliamentary committee for further scrutiny. However, Shah dismissed these demands, stating that members had ample opportunity
to provide input before the Bill was brought up for discussion. The legislation mandates hotels, universities, hospitals, and other institutions to report foreign
nationals’ information to authorities to track overstaying visitors.
The new act replaces four existing laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. The Immigration and Foreigners Bill, 2025 incorporates provisions from these laws while simplifying and updating them to address modern immigration challenges.
According to the Bill, knowingly using or providing forged travel documents for entering, staying, or leaving India will be punishable with imprisonment ranging from two to seven years and fines between Rs 1 lakh and Rs 10 lakh. Unauthorised entry into India without valid documentation can lead to imprisonment of up to five years or fines up to Rs 5 lakh.
The Bill also grants the Central government authority to regulate places frequented by foreigners, with provisions to close, control, or impose specific conditions on such establishments.
Shah emphasised the Bill’s role in bolstering national security, trade, and India’s global education standing while ensuring accurate foreign entry records. He assured fair treatment for genuine visitors but strict action against threats. The Bill now awaits Rajya Sabha approval to become law.
