The Immigration and Foreigners Act, 2025

Valid document

All entrants must carry a valid passport or travel document and, in the case of foreigners, a valid visa, unless exempted by the Act or special government orders.

Entry Points

• Entry/exit is allowed only through notified immigration posts (airports, seaports, land borders, and rail posts).

Restriction on Exit

• No person is permitted to leave India by air, sea, or land without holding a valid passport or travel document. In the case of foreigners, a valid visa is also mandatory. However, even if these documents are in order, a person may still be stopped from leaving the country if:
  • His or her presence is required in India by any authorised investigative or enforcement agency, or
  • The Central Government has specified other grounds for restricting departure through a formal order.

Registration of foreigners.

• All foreigners must register with Registration Officers on arrival.

Powers of the Immigration Officer

• Officers at notified immigration posts have the final authority on entry, exit, and admissibility, and the power to validate or refuse entry or exit on national security grounds.

Obligations of Institutions

• Accommodation providers (hotels, hostels, PGs, religious institutions) must submit details of foreigners to the registration officer.
• Universities and educational institutions must notify the registration officer of foreign students.
• Every hospital, nursing home, or other medical institution that provides medical treatment, lodging, or sleeping facilities is required to report details about foreigners admitted for indoor treatment. This also includes the reporting of attendants who are given accommodation within the premises. The information must be furnished to the designated Registration Officer in the manner prescribed by the Act and Rules.

Bureau of Immigration

• Establishes a Bureau of Immigration under the Central Government.
• The Bureau supervises immigration functions through Commissioner, Chief Immigration Officers, FRROs, and Registration Officers.

 Protected and Restricted Areas

• Foreigners need special permits to visit protected, restricted, or prohibited areas.

Authority to shut down resorts, clubs:

•  The civil authority has specific powers to regulate or restrict the use of premises that are frequented by foreigners.The civil authority may order the owner or keeper of such premises to:
  • Close the premises entirely or for specified periods.
  • Permit use of the premises only under specified conditions.
  • Refuse admission to all foreigners, or to certain foreigners or specific classes of foreigners.
• If such a direction is issued, the owner/keeper cannot shift operations to another premises for the same purpose without prior written permission from the civil authority.
• If any person feels aggrieved by the order of the civil authority, they may appeal to the Central Government within 30 days. The decision of the Central Government will be final and binding.

Offences: 

• It penalises foreigners entering without a valid passport or other travel documents with imprisonment of up to five years, fine up to five lakh rupees, or both.
• 2–7 years jail and Rs 1–10 lakh fine for forged passports or visas.

Power of Arrest: 

It empowers police officers not below the rank of a Head Constable to arrest without warrant. 

Carrier Liability:

• Airlines, shipping companies, and other carriers must provide passenger manifests and advance passenger information.
• Carriers that transport foreigners illegally are liable for fines between ₹2–5 lakh per passenger.

Power of the Central Government to Grant Exemptions

• Under Section 33 of the Immigration and Foreigners Act, 2025, the Central Government has the authority to exempt certain individuals, groups, or carriers from the provisions of the Act.