News– The Government of India has recently notified various Rules and Orders under the Immigration and Foreigners Act, 2025, which came into effect on 1 September 2025.
About Immigration and Foreigners Act, 2025
Key Provisions of the Act
a) Possession of valid documents– All entrants into India are required to carry valid passports or travel documents. Foreign nationals must additionally hold valid visas unless specifically exempted under the Act or through special orders issued by the central government.
b) Entry and exit via notified Posts– Foreigners can legally enter or exit India only through designated immigration posts, which include major airports, seaports, land border posts, and certain rail terminals.
c) Powers of Immigration Officers– Immigration officers stationed at notified posts have the authority to validate or deny entry and exit, particularly on national security grounds. Their decisions regarding admissibility are final.
d) Registration and local control mechanism– Foreign nationals are required to register with designated Registration Officers. Local civil authorities, such as the district Superintendent of Police (SP) or Deputy Commissioner of Police (DCP), oversee compliance. Additionally, a network of Foreigners Regional Registration Officers (FRROs) manages regional registration, permits, and monitoring.
e) Obligations of accommodation providers and institutions– Hotels, hostels, paying guest accommodations, religious institutions, and similar establishments must collect details of foreign guests, including OCI cardholders. They are required to submit electronically filled forms within 24 hours of both arrival and departure. Universities and hospitals are required to notify registration authorities about foreign students or patients, including births and deaths within seven days.
f) Control over public places and resorts– Civil authorities are empowered to restrict, regulate, or close establishments frequently visited by foreigners if they pose a threat to security, law, or public order. Such premises cannot relocate operations without prior permission.
g) Special permits for protected/restricted areas– Foreign nationals require special permits to access protected, restricted, or prohibited areas. Applications must follow procedures outlined through designated online portals or mobile applications.
| For details on exempted categories, see the Immigration and Foreigners (Exemption) Order, 2025. |
Innovations Introduced in 2025
a) Digitalisation and electronic records– Mandatory online reporting by accommodation providers, hospitals, and universities creates a comprehensive database for enforcement, public health management, and citizenship-related decisions.
b) Graduated fines and compounding system– Infractions such as overstaying, non-registration, or unauthorised entry into protected areas attract fines ranging from Rs 10,000 to Rs 5 lakh. Lower fines, starting at Rs 50, apply to Tibetans, Mongolian Buddhist monks, and certain groups from Pakistan, Bangladesh, and Afghanistan.
c) Protections and appeals– The Rules provide mechanisms for appealing fines and penalties. Exemptions are allowed in humanitarian or bona fide cases, and compliance in good faith may mitigate penalties.
d) Centralisation and delegation– The Act empowers the central government to issue directions, delegate functions to states and Union Territories, and modify or cancel permissions as needed.
e) Elimination of local discretion– Exemptions and permits are valid only if issued under central government orders, removing prior ambiguities in local implementation.
