No.13 of 2025

An Act 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.

Be it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:—

 

 

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Ch.1 CHAPTER I

PRELIMINARY

1. Short title and commencement. -

(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.

2. Definitions. - 

In this Act, unless the context otherwise requires,––

(a) “accommodation” means a temporary or permanent premises of any nature, where a foreigner is accommodated;

(b) “carrier” means a person or entity, including any association of persons or company, whether incorporated or not, who is engaged in the business of transporting passengers or cargo by air, water or land by aircraft or ship or any other mode of transport;

(c) “civil authority” means such authority as may be appointed by the Central Government in this behalf for such area as it thinks fit;

(d) “entry” means entry by

ch.2 CHAPTER II

MATTERS RELATED TO IMMIGRATION

3. Requirement of passport or other travel document and visa. -

(1) 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, and any foreigner while present in India shall also be required to possess valid passport or other valid travel document and valid visa, unless exempted under section 33 or through intergovernmental agreements:

Provided that notwithstanding anything contained in this sub-section, no foreigner shall be allowed to enter into or stay in India, if he is found inadmissible to do so on account of threat to national security, sovereignty and integrity of India, relations with a foreign State or public health or on such other grounds as the Central Government may, specify

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Legal Commentary on Act: Immigration and Foreigners Act, 2025 - Section: Ch.2

Introduction

Section 2 of the Immigration and Foreigners Act, 2025, provides key definitions and clarifies the scope of the legislation related to immigration procedures, the requirement of travel documents, and the regulation of foreign nationals entering and staying in India.

What does Section Says

Section 2 defines critical terms such as "passport," "foreigners," "illegal entry," and other relevant concepts essential for interpreting the Act. It establishes the mandatory requirement for foreigners to possess valid travel documents and sets the foundation for subsequent provisions related to immigration control.

Essential Ingredients

• Definition of "passport" and "travel documents" – necessary for verifying identity and authorization.
• Clarification of "foreigners" and "illegal entry" – fundamental for enforcement.
• Mandate for possession of valid travel documents – essential for lawful entry.
• Scope of application – covers all foreigners entering India.
• Authority conferred upon the government to specify requirements.

Scope of Section

Section 2 applies universally to all foreign nationals seeking entry into India and forms the basis for the enforcement of immigration controls. It also delineates the scope for issuing, verifying, and regulating travel documents, aligning with national security priorities.

Punishment for Section

While Section 2 itself primarily deals with definitions and scope, violations such as entering without valid travel documents are penalized under subsequent sections, which prescribe imprisonment and fines (e.g., up to five years imprisonment and Rs 5 lakh fine for illegal entry) .

Legal Comments

• "Definitions" - Section 2 provides clear definitions essential for interpreting the Act, ensuring legal clarity and uniform application .
• "Mandatory requirement" - Establishes the obligation for foreigners to carry valid passports or travel documents, reinforcing control over entry .
• "Scope of application" - Covers all foreign nationals, thus broadening the regulatory reach of the legislation .
• "Legal clarity" - Precise definitions reduce ambiguity and aid enforcement agencies in identifying violations .
• "National security" - The section supports the Act's overarching goal of safeguarding national security through strict documentation requirements .
• "Enforcement foundation" - Serves as the legal basis for subsequent enforcement actions against illegal entry and overstaying .
• "Penalty linkage" - Violations of the requirements outlined in Section 2 are linked to penalties such as imprisonment and fines under later provisions .
• "Authority empowerment" - Empowers the Central Government to specify detailed requirements for travel documents, enhancing regulatory flexibility .
• "Legal consistency" - Harmonizes with other laws like the Passport (Entry into India) Act, 1920, and the Registration of Foreigners Act, 1939, for comprehensive regulation .
• "Modernization" - Reflects a modern approach to immigration law by emphasizing clear definitions and scope, replacing outdated laws .
• "Preventive measure" - Acts as a preventive measure by mandating documentation, thereby deterring illegal entry and overstays .
• "Policy alignment" - Aligns with the broader policy of tightening immigration controls and enhancing border security .
• "Legal certainty" - Provides legal certainty to foreigners and enforcement agencies regarding documentation requirements .
• "Scope for regulation" - Allows the government to expand or specify requirements through subordinate legislation, ensuring adaptability .
• "Impact on illegal activities" - By defining and regulating travel documents, the section aims to curb illicit activities such as document forgery and illegal entry .
• "Legal hierarchy" - Forms part of the hierarchy of immigration laws, supporting the enforcement of more specific provisions related to violations and penalties .
• "Reinforcement of sovereignty" - Reinforces India's sovereignty by controlling who enters the country through strict documentation standards .
• "Legal foundation for subsequent offences" - Sets the groundwork for defining offences related to illegal entry and overstaying, which are penalized under later sections .

Note: The analysis is based on the provided sources and focuses primarily on the definitions, scope, and enforcement foundation established by Section 2 of the Immigration and Foreigners Act, 2025.

ch.3 CHAPTER III

MATTERS RELATED TO FOREIGNERS

6. Registration of foreigners.-

The foreigners on arrival in India shall be required to register with the Registration Officer concerned, subject to such conditions and in such manner as may be prescribed.

7. Power to issue orders, directions or instructions.-

(1) The Central Government may, by an order or direction or instruction, make provisions, either generally or with respect to all foreigners or with respect to any particular foreigner or any specified class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into India or, their departure therefrom or their presence or continued presence therein.

(2) In particular, and without prejudice to the generality of the foregoing power, the orders or directions or instructions issued under this section may provide that the

Ch.4 CHAPTER IV

LIABILITY OF CARRIERS

17. Obligation of carriers and like.-

(1) The carrier landing or embarking at a port or place in India shall furnish to a civil authority or Immigration Officer—

(i) the passenger and crew manifest;

(ii) the advance passenger information data of passengers and crew on board of such aircraft, vessel or other mode of transport, as the case may be; and

(iii) the passenger name record information of passengers arriving or departing,

in such form, containing such particulars, in such manner and within such time, as may be prescribed.

(2) For the purposes of sub-section (1), the expression “passenger name record information” means the records prepared by an operator of any ai rcraft or vessel or other mode of transport or his authorised agent for each journey booked by or on behalf of any passenger.

(3) Where the information referred to in

Ch.5 CHAPTER V

OFFENCES, PENALTIES AND APPEAL

18. Liability of carrier to pay penalty.-

The carrier, for contravention of the provisions of section 17, shall be liable to a penalty which may extend to fifty thousand rupees.

19. Liability of carriers for passengers brought into India.- 

(1) Where the civil authority or Immigration Officer is of the opinion that any carrier has brought a person, in contravention of the provisions of section 3 and rules or orders made thereunder, into India, he may, by order impose a penalty which shall not be less than two lakh rupees, but may extend to five lakh rupees, on such carrier:

Provided that no order shall be passed without giving the carrier an opportunity of being heard in the matter.

(2) Any person aggrieved by an order made under sub-section (1), may prefer an appeal to such authority in such form, manner and accompanied

Ch.6 CHAPTER VI

MISCELLANEOUS

27. Power to give effect to orders, directions, and like.-

(1) Any authority empowered by or under or in pursuance of the provisions of this Act or rule or order made thereunder to give any direction or to exercise any other power may, in addition to any other action expressly provided for in this Act, take or cause to be taken such steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be.

(2) Any police officer, not below the rank of Head Constable, may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any rule or order made or direction given under or in pursuance of the provisions of this Act or for preventing or rect

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Legal Commentary on Act: Immigration and Foreigners Act, 2025

Section: Ch.6

Introduction

Section 6 of the Immigration and Foreigners Act, 2025, pertains to the registration of foreigners in India, establishing the legal framework for maintaining a register of foreigners and regulating their stay within the country. It is a crucial provision aimed at enhancing national security and administrative control over foreign nationals.

What does Section Says

Section 6 mandates the registration of foreigners upon their arrival and during their stay in India. It confers powers on authorities to maintain and update a register, issue registration certificates, and prescribe procedures for registration, renewal, and compliance. The section also authorizes the government to specify the manner and form of registration and related documentation.

Essential Ingredients

• Obligation of foreigners to register with authorities
• Maintenance of a register of foreigners by designated authorities
• Issuance of registration certificates to foreigners
• Prescribing procedures for registration, renewal, and compliance
• Powers conferred on authorities for enforcement and verification

Scope of Section

The section applies to all foreigners entering or residing in India, including those on temporary or long-term visas. It encompasses registration at entry points, periodic renewals, and compliance with prescribed procedures. The scope also extends to authorities responsible for enforcement and record-keeping.

Punishment for Section

While Section 6 itself primarily deals with registration procedures, non-compliance or failure to register may attract penalties under the broader provisions of the Act. The Act prescribes imprisonment up to three years or fines for violations related to illegal entry, overstaying, or forged documents, which may include violations of registration requirements [Source: ].

Legal Comments

• "Registration Obligation" - Mandates foreigners to register upon arrival and during their stay, ensuring effective oversight and control [Source: ].
• "Administrative Power" - Empowers authorities to maintain and update the foreigners' register, facilitating enforcement of immigration laws [Source: ].
• "Issuance of Certificates" - Provides for the issuance of registration certificates, which serve as legal proof of registration and stay [Source: ].
• "Procedural Prescriptions" - Allows the government to prescribe detailed procedures for registration, renewal, and compliance, ensuring standardized enforcement [Source: ].
• "Scope of Application" - Covers all foreigners, regardless of visa type, emphasizing comprehensive regulation of foreign nationals’ stay [Source: ].
• "Enforcement Authority" - Grants powers to immigration officers and designated authorities to verify registration and enforce compliance [Source: ].
• "Penalties for Non-Compliance" - Violations such as failure to register or provide false information may lead to penalties including imprisonment and fines [Source: ].
• "Integration with Other Provisions" - Section 6 works in tandem with other sections related to illegal entry, overstaying, and forged documents, forming a cohesive regulatory framework [Source: ].
• "Strengthening National Security" - The registration process aids in tracking foreigners, thereby enhancing national security measures [Source: ].
• "Legal Certainty" - Clear procedures and obligations ensure legal certainty for foreigners and authorities alike [Source: ].
• "Modernization of Immigration Laws" - Reflects the Act’s overall aim to modernize and streamline immigration regulation, replacing older laws [Source: ].
• "Compliance and Monitoring" - Facilitates ongoing monitoring of foreigners’ presence, aiding in compliance and enforcement [Source: ].
• "Scope for Future Regulations" - The section provides a legal basis for future rules and regulations regarding registration procedures and documentation [Source: ].
• "Legal Responsibility" - Places responsibility on foreigners to adhere to registration requirements, with legal consequences for violations [Source: ].
• "Policy Objective" - Supports government policy objectives of immigration control, border security, and lawful stay of foreigners [Source: ].
• "Legal Framework for Enforcement" - Establishes a statutory framework for authorities to enforce registration and related compliance measures [Source: ].
• "Relevance to Overall Legislation" - Acts as a vital component within the comprehensive legislative scheme introduced by the Act to regulate foreign presence [Source: ].
• "Alignment with International Standards" - The registration requirements align with international practices for managing foreign nationals’ stay and security [Source: ].

This commentary provides a succinct legal analysis of Section 6 of the Immigration and Foreigners Act, 2025, based on the available sources.