NEW DELHI: Any foreigner who enters India without a valid passport or visa could invite a jail term of up to five years and a fine of up to Rs 5 lakh. In case entry and stay in or exit from India by a foreigner is with a forged passport or travel document, the imprisonment will not be less than two years, but may extend to seven years, and the fine, Rs 1 lakh, can go up to Rs 10 lakh.
These are provisions of the Immigration and Foreigners Bill, 2025, set to be introduced in Lok Sabha in this session, that seeks to repeal four Acts with overlapping provisions on the related subjects of immigration and foreigners, and consolidate them into a single, comprehensive legislation. The four Acts are Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; and Immigration (Carriers’ Liability), 2000.
As of now the maximum penalty for a foreigner entering the country without a valid passport or travel document, including visa, is five years in jail and fine. For those entering on a forged passport, the maximum penalty is eight years in jail and up to Rs 50,000 fine.
The bill also seeks to make all higher educational institutions and universities liable to share information on any foreigner admitted, with the registration officer specified for such category of foreigners. This provision will also apply to all hospitals, nursing homes and other medical institutions with lodging facilities on their premises.
It is proposed under the bill that any foreigner overstaying his/her visa or violating conditions of the visa, or accessing a prohibited or restricted area, will be punished with up to three years in jail or fine of up to Rs 3 lakh, or both.
The bill also proposes to hold a carrier responsible for ferrying a foreigner found by the immigration officer here as not having a valid passport or travel document/visa.
The immigration officer can impose a penalty of up to Rs 5 lakh on the carrier, though not without hearing its version. If the penalty is not paid, it may be recovered by seizing or detaining the carrier that may be an aircraft, ship or any other mode of transport.
The proposed legislation provides central govt powers to restrict entry of a foreigner or class of foreigners, to not depart from India, not enter a specified area, exit from India at his own cost and require him to allow his photograph and biometrics to be taken.