Threat to national security, sovereignty grounds to deny foreigners entry and stay, Immigration Bill says

The Immigration and Foreigners Bill, 2025 that is expected to be introduced in the current session of the Parliament, is likely to introduce for the first time, threats to national security and sovereignty as ground to refuse entry or stay to a foreign national in the country. It may also have provisions to bar the entry of a foreigner on basis of relations with a foreign State. 

The proposed law could make the decision of the Immigration Officer final and binding. Earlier, too, foreigners were denied entry but the clause was not explicitly mentioned in any legislation, or Rules.

The Bill will repeal and replace the Foreigners Act, 1946; Passport (Entry into India) Act, 1920; and the Registration of Foreigners Act, 1939 — the three laws brought around the period of the First and Second World Wars. The Immigration (Carriers’ Liability) Act, 2000 will also be repealed.

The four Acts have overlapping provisions and a necessity to repeal the Acts and enact a new comprehensive legislation was felt. The proposed legislation was being enacted to avoid overlapping of laws with relation to passports or other documents of persons entering or exiting India, including the requirement of visa and registration.

The Bill may also define functions of the Immigration Officer. Obligations of universities and other educational institutions, and those of medical institutions with regard to admitting foreigners may also be covered by the Bill. It is likely that the Bill includes provisions on burden of proof upon such persons to prove that they are not foreign nationals.

Although the Bureau of Immigration already exists, with the passing of the Bill, Immigration Officers and the bureau may get adequate legal backing.

The legislation could propose imprisonment of five years, or fines up to ₹5 lakh or both, for entering India without a passport or travel document.

Using or distributing forged or fraudulently obtained passports or other travel documents may also invite punishments such as two years’ imprisonment, which may be extended to seven years. A fine of not less than ₹1 lakh, which may stretch to ₹10 lakh, may also be proposed by the Bill.

Overstaying beyond the visa period is likely to attract three years’ imprisonment and a fine of up to ₹3 lakh.