Anyone found using a forged passport or visa for entering, staying or
exiting India will be punished with a jail term of up to seven years and a fine
to the extent of Rs 10 lakh if the new immigration bill is approved by
Parliament.
The legislation, piloted by the Union home
ministry, also provides for mandatory reporting of information about foreigners
by hotels, universities, other educational institutions, hospitals and nursing
homes to enable tracking of overstaying foreigners. All international airlines and ships will also be
required to submit at a port or place in India the passenger and crew manifest,
the advance information of passengers and crew on board of such aircraft,
vessel or other mode of transport.
"Whoever
knowingly uses or supplies a forged or fraudulently obtained passport or other
travel document or visa for entering into India or staying in or exiting from
India, shall be punishable with an imprisonment for a term which shall not be
less than two years, but may extend to seven years and shall also be liable to
fine which shall not be less than one lakh rupees, but may extend to ten lakh
rupees," according to the bill introduced in Lok Sabha on March 11. It also says that any foreigner who enters into any
area in India without a valid passport or other travel document, including visa
required for such entry in contravention of provisions of the law or of any
rule or order given in pursuance thereof, shall be punishable with an
imprisonment for a term which may extend to five years with a fine which may
extend to five lakh rupees or with both. The
legislation empowers the Centre to exert control over places that are
"frequented by any foreigner" and require the owner to close the
premises, permit its use under specified conditions, or refuse admission to all
or a "specified class" of foreigners.
The Immigration and Foreigners Bill, 2025 is a
comprehensive legislation to regulate all matters relating to foreigners and
immigration. Matters relating to foreigners and immigration are presently administered
through four Acts-the Passport (Entry into India) Act, 1920, the Registration
of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration
(Carriers' Liability) Act, 2000. All these laws are now proposed to be
repealed. While the Immigration and Foreigners Bill, 2025 consists of several
existing provisions in the four Acts proposed to be repealed after
simplification and harmonisation, it also has certain new provisions to meet
the present-day requirements...However, it is not connected with any matters related
with grant of citizenship...The stay and movement of foreigners in India and
their exit are regulated by the BoI and state governments and Union Territory
administrations.
According to existing laws, all foreigners on
long-term (more than 180 days) student, medical, research, employment,
missionary and project visas are required to register with the Foreigners
Regional Registration Officer or the Foreigners Registration Officer concerned,
having jurisdiction over the place where the foreigner intends to stay, within
14 days of arrival. Pakistani nationals
are required to register within 24 hours of their arrival.
Other laws that cover foreigners in India include
the Citizenship Act, 1955, which regulates acquisition and termination of
Indian citizenship as well as acquisition and registration of foreigners as
Overseas Citizens of India.Apart from
movement, stay and visa, there are certain protected areas in India where
foreigners need special permits to travel, including multiple states in the
northeastern region, the whole of Andaman and Nicobar, and parts of Jammu and
Kashmir, Uttarakhand, Himachal Pradesh and Rajasthan.
According to Union Home Ministry data, 98.40 lakh foreigners visited
India between April 1, 2023, and March 31, 2024.