New Delhi: A foreign national entering India without a valid passport or visa may face a jail term of up to five years and a fine of up to Rs 5 lakh. If the entry, stay, or exit from India involves a forged passport or travel document, the imprisonment will be a minimum of two years, extendable up to seven years, with fines ranging from Rs 1 lakh to Rs 10 lakh.
These provisions are part of the Immigration and Foreigners Bill, 2025, which is set to be introduced in the Lok Sabha during this session. The bill aims to repeal four existing Acts with overlapping provisions related to immigration and foreigners, consolidating them into a single, comprehensive law.
The bill will also hold liable all higher educational institutions and universities admitting foreign students and would require them to share information with a designated registration officer. The rule will also be applicable to hospitals, nursing homes, and other medical establishments providing accommodation to firing patients.
What is the current law on illegal immigrants
The four Acts to be repealed are the Foreigners Act, 1946; the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; and the Immigration (Carriers’ Liability) Act, 2000.
Currently, the maximum penalty for a foreigner entering the country without a valid passport or travel document, including a visa, is five years in prison and a fine. For those entering with a forged passport, the maximum penalty is eight years in prison and a fine of up to Rs 50,000.
Punishment and penalty in the new immigration bill
The bill proposes that any foreigner overstaying their visa, violating visa conditions, or entering a prohibited or restricted area could face up to three years in prison, a fine of up to Rs 3 lakh, or both.
It also suggests holding a carrier accountable for transporting a foreigner found by an immigration officer to be without a valid passport, travel document, or visa. The immigration officer may impose a penalty of up to Rs 5 lakh on the carrier, but only after hearing its side. If the penalty is not paid, it can be recovered by seizing or detaining the carrier, which may include an aircraft, ship, or any other mode of transport.
The proposed legislation grants the central government the authority to restrict the entry of a foreigner or a group of foreigners, prevent them from departing India, deny entry to specified areas, require them to exit India at their own expense, and compel them to provide their photograph and biometrics.
