Immigration Act 2025 kicks in: Fake visas, overstays to invite tougher jail

From forged passports to overstaying foreigners, the 2025 law brings tougher jail terms, mandatory reporting by institutions, and replaces four older legislations

A new law regulating matters related to foreigners and immigration came into force on Monday, bringing in stringent punishments for carrying forged passports or visas.

 

The Immigration and Foreigners Act, 2025, was passed by parliament during the Budget session earlier this year and received presidential assent on April 4.

 

“In exercise of the powers conferred by sub-section (2) of section 1 of the Immigration and Foreigners Act, 2025 (13 of 2025), the central government hereby appoints the 01st day of September, 2025, as the date on which the provisions of the said Act shall come into force,” said a notification issued by Nitesh Kumar Vyas, additional secretary in the Ministry of Home Affairs.

 

 

Key provisions of the Immigration and Foreigners Act, 2025

 

• 2–7 years jail and Rs 1–10 lakh fine for forged passports or visas

• Up to 5 years jail or Rs 5 lakh fine for illegal entry into areas

• Hotels, universities, hospitals must report details of foreigners

• Airlines and ships must share advance passenger and crew data

• Government can regulate or close premises frequented by foreigners

• Repeals four older laws on passports, foreigners and immigration 

 

Forged passports and visas

 

The law sets a strict framework for those attempting to enter, stay in, or exit India with fraudulent travel documents.

 

< Using or supplying a forged passport, visa or other travel document will attract a minimum of two years in prison, extendable up to seven years, along with a fine ranging from Rs 1 lakh to Rs 10 lakh.

< Foreigners entering restricted areas without valid documents could face up to five years’ imprisonment, a fine of up to Rs 5 lakh, or both.

 

Mandatory reporting rules

 

Hotels, universities, educational institutions, hospitals and nursing homes will now be required to report information about foreigners in order to track overstayers.

 

All international airlines and shipping companies must submit passenger and crew manifests to Indian immigration officers or civil authorities before arrival. 

 

Control over premises

 

The Act also gives the central government authority to regulate premises “frequented by any foreigner”. Owners may be ordered to shut such places, restrict use, or refuse admission to certain classes of foreigners.

 

Replacing four earlier laws

 

The Act consolidates multiple pieces of legislation into one framework. It repeals:

 

The Passport (Entry into India) Act, 1920

The Registration of Foreigners Act, 1939

The Foreigners Act, 1946

The Immigration (Carriers’ Liability) Act, 2000

 

Ketan Mukhija, senior partner at Burgeon Law, said the Act marks “a crucial step in modernising India’s immigration laws by replacing outdated regulations and strengthening national security.”

 

He cautioned that the legislation could face practical challenges. “The Act 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.”

 

How other countries act on security concerns

 

Several countries have similar provisions allowing them to deny visas, monitor foreigners and deport individuals on national security grounds.

 

United States: In March 2025, the State Department said it would use AI tools under the “Catch and Revoke” system to identify and revoke visas of individuals sympathetic to terrorist groups such as Hamas.

Australia: Authorities can detain non-citizens considered risks, although a 2023 High Court ruling barred indefinite detention of stateless persons unless deportation was possible.

Gulf countries: Saudi Arabia, Bahrain and Kuwait have deported large numbers of migrant workers on security grounds, often with limited avenues for appeal.