Forged passport or visa for India may bring 7 years jail, Rs 10 lakh fine

Anyone using a forged passport or visa to enter, stay, or leave India could face up to seven years in prison and a fine of up to Rs 10 lakh if the new immigration bill is passed by Parliament.  

 

The legislation, introduced in the Lok Sabha on March 11, has been put forward by the Union Home Ministry. It also mandates that hotels, universities, hospitals, and other institutions report details of foreigners to help track those overstaying their visas. 

 

International airlines and shipping companies will also be required to submit passenger and crew details before arrival in India.  

 

 

Stricter penalties for violations  

 

The bill sets out harsher penalties for those using fraudulent travel documents.  

 

“Whoever knowingly uses or supplies a forged or fraudulently obtained passport or other travel document or visa for entering into India or staying in or exiting from India, shall be punishable with an imprisonment for a term which shall not be less than two years, but may extend to seven years and shall also be liable to fine which shall not be less than one lakh rupees, but may extend to ten lakh rupees,” the bill states.  

 

The proposed law allows the government to regulate places frequently visited by foreigners. Authorities may require owners to close premises, impose conditions on their use, or restrict access for certain groups of foreign nationals.  

 

Replacing outdated laws  

 

The Immigration and Foreigners Bill, 2025, is set to replace four existing laws:  

 

Passport (Entry into India) Act, 1920  

Registration of Foreigners Act, 1939  

Foreigners Act, 1946  

Immigration (Carriers' Liability) Act, 2000  

 

The government has described the bill as an effort to simplify immigration laws while balancing national security concerns with economic growth and tourism.  

 

While the bill proposes stricter immigration controls, it does not cover citizenship-related matters. The Citizenship Act, 1955, which governs Indian citizenship and the registration of Overseas Citizens of India (OCI), remains in place.  

 

Visa regulations and foreigner registration  

 

Indian visas are issued by embassies in physical form, while electronic visas are granted by the Bureau of Immigration (BoI) under seven categories to travellers from 167 countries. Visa-on-arrival is available at six airports for nationals of Japan, South Korea, and certain UAE citizens who have previously held an Indian visa.  

 

Foreigners staying in India for more than 180 days on student, medical, research, employment, missionary, or project visas must register with a Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) within 14 days of arrival. Pakistani nationals must register within 24 hours.  

 

Certain areas in India require additional permits for foreign travellers, including parts of the northeast, Andaman and Nicobar Islands, and border regions in Jammu and Kashmir, Uttarakhand, Himachal Pradesh, and Rajasthan.  

 

Government data shows that 9.84 million foreigners visited India between April 1, 2023, and March 31, 2024.  

 

Key provisions of the bill  

 

The bill sets out stricter immigration controls and enforcement mechanisms.  

 

Defines the role and powers of immigration officers  

Establishes passport and visa requirements for entry  

Requires foreign nationals to register upon arrival  

Bars entry or stay for those deemed a security threat  

 

Ketan Mukhija, senior partner at Burgeon Law, described the bill as “a crucial step in modernising India’s immigration laws by replacing outdated regulations and strengthening national security. It streamlines visa policies, enhances registration processes, and imposes stricter penalties to curb illegal immigration and document fraud.”  

 

He also suggested improvements. “The bill could be improved by introducing stronger appeal mechanisms against immigration officers’ decisions and ensuring security measures do not create undue hurdles for legitimate travellers. Balancing enforcement with fairness will be key to making the system both effective and just,” he told Business Standard.