New Delhi: Any person using a fake passport or arranging for one fraudulently may face a jail term of up to seven years, while the onus of removing a foreigner who has been refused entry to India “without delay” will be on the carrier. These are some of the provisions of The Immigration and Foreigners Bill, 2025 that is likely to come up in parliament in this session.
The Immigration and Foreigners Bill, 2025 is likely to be introduced in the Budget session of parliament. It also states that all institutions including educational institutions, universities, medical institutions, hospitals and private residences will have to provide information about foreigners residing in their premises.
The bill seeks to repeal the Foreigners Act, 1946; the Immigration (Carriers’ Liability) Act, 2000; the Passport (Entry into India) Act, 1920 and the Registration of Foreigners Act, 1939 to enact a new comprehensive legislation “to avoid multiplicity and overlapping of laws on the same or related subject and to comply with the Government of India’s policy of simplification of laws.”
Onus on carriers
Under Chapter IV named “Liability of Carriers”, the bill places the onus on the carrier to remove any foreigner who has been denied entry, “without delay”.
“If any foreigner whose entry has been refused, such foreigner shall be handed over to the carrier by the Immigration Officer and it shall be the responsibility of that carrier to ensure his removal from India without delay,” it states.
The bill further provides that carriers landing or embarking at a port or place in India will have to furnish passenger and crew manifest, advance passenger information and passenger name record information of passengers.
If a carrier has brought a person without valid travel documents, a penalty may be imposed between Rs 2 to 5 lakh. If such penalties imposed are not paid, the carrier may be seized or detained.
The bill provides that if anyone provides forged travel documents including passports and visa, they may face imprisonment between two-seven years and fines between Rs 1 lakh to Rs 10 lakh.
“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,” it states.
Onus on institutions
The bill states that any foreigner who overstays their period of stay in India, exceeding the period for which their visa has been issued, may face a reduced jail term. While earlier, a foreigner overstaying could face a jail term up to five years, the new bill provides for up to three years’ imprisonment or a fine up to Rs 3 lakh or both.
The bill also places the onus of information of any foreigners residing in private residences, hospitals, educational institutions, nursing homes to be provided to registration officers.
“If in any area as may be specified in this behalf, the civil authority so directs, it shall be the duty of every person occupying or having under his control any residential premises to submit to the Registration Officer in such manner such information in respect of foreigner accommodated in such premises as may be specified,” it states in clause 8 (3).
In addition, the bill provides that any universities or educational institutions, hospitals, nursing homes admitting any foreigners will have to submit details to Registration Officers.
‘Simplification of laws’
The bill in its Statement of Objects and Reasons states that the proposed legislation is being enacted to avoid multiplicity and overlapping of laws, and “comply with the Government of India’s policy of simplification of laws”.
“The proposed legislation is to be enacted with a view to confer upon the Central Government certain powers to provide for requirement of passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners including requirement of visa and registration and for matters connected therewith or incidental thereto,” it states.
“The proposed legislation is being enacted to avoid multiplicity and overlapping of laws on the same or related subject and to comply with the Government of India’s policy of simplification of laws.”
