The Ministry of Home Affairs has issued a series of important notifications under the newly enacted Immigration and Foreigners Act, 2025, marking a major overhaul of India’s immigration framework. The orders, published in the Gazette of India, supersede multiple earlier regulations dating back to 1957, 1958, and subsequent years, streamlining the legal framework for foreigners’ entry, stay, and exit from India.
Exemptions Notified
The Central Government has brought into force the Immigration and Foreigners (Exemption) Order, 2025. This order exempts certain categories of individuals and situations from passport and visa requirements, including:
- Members of India’s Armed Forces and their families traveling on duty;
- Citizens of Nepal and Bhutan entering through designated borders;
- Tibetans holding valid Certificates of Registration and special entry permits;
- Persons belonging to minority communities from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2024 due to religious persecution;
- Registered Sri Lankan Tamil nationals who sought shelter in India up to January 9, 2015;
- Holders of diplomatic or official passports covered under intergovernmental agreements; and
- Foreign naval personnel arriving for multilateral exercises, goodwill visits, or humanitarian reasons.
The Order also exempts carriers in certain situations from liability, such as in cases of forged documents undetectable without expert analysis or stowaway passengers returned by the carrier.
Delegation of Powers to States and Authorities
In S.O. 3998(E), the Government has delegated powers under the Act to State Governments, Union Territory Administrations, the Bureau of Immigration, and Foreigners Regional Registration Officers (FRROs). These authorities will now exercise powers relating to foreigners’ entry, stay, and monitoring, subject to directions issued by the Centre. Importantly, the Central Government retains the right to amend or override any orders issued at the state or authority level.
Compounding of Offences and Penalties
The Government has specified the framework for compounding offences under the Act, allowing certain violations to be settled through monetary penalties rather than prosecution. Key provisions include:
- Unauthorized entry into India without valid documents: fine of up to ₹5 lakh.
- Overstaying visa validity: penalties ranging from ₹10,000 for up to 30 days to ₹3 lakh for stays exceeding one year, with reduced rates for certain categories such as Tibetans and minorities from neighboring countries.
- Non-registration with authorities: fines up to ₹3 lakh depending on the duration of violation.
- Violations of visa conditions (such as engaging in prohibited activities, unauthorized employment, or missionary work without permission): fines up to ₹3 lakh.
- Staying in protected/restricted areas without permits: fines ranging from ₹50,000 to ₹3 lakh depending on the period of unauthorized stay.
- Failure by hotels, educational institutions, or hospitals to submit required information about foreign nationals: penalties of ₹50,000 to ₹1 lakh per violation.
- Abetment of offences under the Act: liable for the same punishment as the primary offender.
The compounding powers will be exercised primarily by the FRROs and Immigration Officers, ensuring quicker resolution of violations and reducing burden on courts.
A Modernized Immigration Regime
These measures mark a significant modernization of India’s immigration laws, aiming to balance security, humanitarian considerations, and administrative efficiency. By consolidating decades-old orders and rules, the 2025 framework seeks to provide clarity for both foreign nationals and enforcement agencies.