The Immigration and Foreigners Act, 2025

Immigration and Foreigners Act, 2025
Came into force: 1 September 2025 Purpose: Consolidates India’s immigration laws, strengthens monitoring of foreigners, and imposes stricter penalties.
Repealed Laws
● Passport (Entry into India) Act, 1920
● Registration of Foreigners Act, 1939
● Foreigners Act, 1946
● Immigration (Carriers’ Liability) Act, 2000
Key Provisions
1. Tougher Penalties
● Forged travel documents:
○ 2–7 years imprisonment + ₹1–10 lakh fine for using/supplying forged passports, visas, or travel documents.
● Unauthorized entry into restricted areas:
○ Up to 5 years imprisonment or ₹5 lakh fine.
2. Mandatory Reporting
● Hotels, universities, educational institutions, hospitals, nursing homes must report details of foreign nationals.
● Airlines and shipping companies must submit advance passenger and crew data before arrival.
3. Government Control Over Premises
● Centre may regulate or shut down premises frequently visited by foreigners if required for national security.
4. Statutory Status for Bureau of Immigration (BoI)
● BoI empowered to identify, detain, and deport illegal foreigners. Comparative International Practices (For GK/Current Affairs)
● United States: “Catch and Revoke” uses AI to identify and revoke visas of individuals linked to terrorist groups.
● Australia: Can detain non-citizens posing security risks but cannot detain stateless persons indefinitely if deportation is impossible.
● Gulf Countries (Saudi Arabia, Bahrain, Kuwait): Frequent deportations of migrant workers on security grounds, with limited avenues of appeal.
New Criminal Provisions
● Forgery as a Crime: Possession, creation, or use of forged documents with mens rea is punishable.
● Extraterritorial Jurisdiction: India can prosecute forgery offences committed abroad if they affect Indian immigration.
● Long-Arm Jurisdiction: Enables action against overseas forgery and smuggling networks.
● Summary Deportation: Immigration officers get wider powers to deport offenders without lengthy procedures.
● Concern: These powers raise issues of checks, balances, and human rights safeguards.
Data Behind the Law
● 12,000+ forged documents detected at airports, seaports, and borders in the past 3 years.
● Many cases linked to illegal migration rackets and human trafficking.
● Previous laws had low penalties, leading to frequent repeat offences.
Judicial Precedents Supporting Strict Enforcement
1. Mohd. Zakir v. State of Bihar (1997) SC upheld conviction for travelling on a forged passport; held that immigration fraud undermines national security.
2. Union of India v. Ghaus Mohammed (1961) Delhi HC held that possession of a fake visa is punishable as preparation for illegal entry.
3. Abdul Rahman v. State of Kerala (2010) Kerala HC linked forged documents to organised crime and terrorism; cautioned against granting bail casually.
Takeaway: The 2025 Act is consistent with the judiciary’s long-standing zero tolerance approach to passport/visa forgery and immigration fraud.