The Immigration and Foreigners Act, 2025
Administered Ministry: Ministry of Home Affairs / Department of Home
Section
Section 21 Penalty for entry without valid passport or other travel document.
Any foreigner who enters into any area in India without a valid passport or other travel document, including visa required for such entry in contravention of provisions of section 3 of this Act or of any rule or order made thereunder or any direction given in pursuance thereof, shall be punishable with an imprisonment for a term which may extend to five years or with fine which may extend to five lakh rupees or with both.
Section 22 Penalty for using or supplying forged or fraudulently obtained passport or other travel document and visa.
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:
Provided that any attempt for above mentioned use of forged or fraudulently obtained passport or any other travel document or visa found for such entry or exit from India shall also be treated as an offence under this section.
Provided that any attempt for above mentioned use of forged or fraudulently obtained passport or any other travel document or visa found for such entry or exit from India shall also be treated as an offence under this section.
Section 23 Penalty for contraventions of other provisions of this Act.
Whoever,---
(a) being a foreigner, remains in any area in India for a period exceeding the period for which the visa was issued to him or stays in India without a valid passport or other valid travel document in contravention of provisions of section 3 or does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder;
(b) contravenes any other provisions of this Act, other than sections 17 and 19, or of any rule or order made thereunder or any direction or instruction given in pursuance of this Act or such order or direction or instruction for which, no specific punishment is provided under this Act,
shall be punishable with an imprisonment for a term which may extend to three years or with a fine which may extend to three lakh rupees or with both.
(a) being a foreigner, remains in any area in India for a period exceeding the period for which the visa was issued to him or stays in India without a valid passport or other valid travel document in contravention of provisions of section 3 or does any act in violation of the conditions of the valid visa issued to him for his entry and stay in India or any part thereunder;
(b) contravenes any other provisions of this Act, other than sections 17 and 19, or of any rule or order made thereunder or any direction or instruction given in pursuance of this Act or such order or direction or instruction for which, no specific punishment is provided under this Act,
shall be punishable with an imprisonment for a term which may extend to three years or with a fine which may extend to three lakh rupees or with both.
Section 24 Penalty for abetment.
(1) Whoever abets any offence punishable under sections 21 or 22 or 23 shall, if the act abetted is committed in consequence of the abetment, be punishable with the same punishment as provided for those offences.
(2) For the purposes of this section,---
(i) an act or offence is said to be committed in consequence of the abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the offence;
(ii) the expression "abetment" shall have the same meaning as assigned to it under section 45 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
(2) For the purposes of this section,---
(i) an act or offence is said to be committed in consequence of the abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the offence;
(ii) the expression "abetment" shall have the same meaning as assigned to it under section 45 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
Section 25 Compounding of certain offences.
(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), any offence punishable under sections 21, 23 or section 24 whether committed by an individual or a company or an organisation or any officer or employee or a representative thereof, may, either before the institution of prosecution or during trial, be compounded by such officers or authorities and for such sums as the Central Government may, by notification, specify in this behalf:
Provided that the sum so specified shall not, in any case, exceed the maximum amount of the fine which may be imposed under sections 21 or 23 for the offence so compounded.
(2) Nothing contained in sub-section (1) shall apply to an offence committed, by an individual or a company or an organisation or any officer or employee or representative thereof within a period of three years from the date on which a similar offence committed by it or him was compounded under this section.
(3) Every officer or authority referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the directions, control and supervision of the Central Government.
(4) Where any offence is compounded before the institution of any prosecution or before commencement of trial, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
(5) Where the compounding of an offence is made after the institution of prosecution or during trial, such compounding shall be brought by the authority specified for such compounding in writing, to the notice of the court in which the prosecution or trial is pending and on such notice of the compounding of offences being given, the individual or the company or the organisation or any officer or employee in relation to whom the offence is so compounded shall be discharged.
(6) For the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
Provided that the sum so specified shall not, in any case, exceed the maximum amount of the fine which may be imposed under sections 21 or 23 for the offence so compounded.
(2) Nothing contained in sub-section (1) shall apply to an offence committed, by an individual or a company or an organisation or any officer or employee or representative thereof within a period of three years from the date on which a similar offence committed by it or him was compounded under this section.
(3) Every officer or authority referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the directions, control and supervision of the Central Government.
(4) Where any offence is compounded before the institution of any prosecution or before commencement of trial, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
(5) Where the compounding of an offence is made after the institution of prosecution or during trial, such compounding shall be brought by the authority specified for such compounding in writing, to the notice of the court in which the prosecution or trial is pending and on such notice of the compounding of offences being given, the individual or the company or the organisation or any officer or employee in relation to whom the offence is so compounded shall be discharged.
(6) For the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
Section 26 Power to arrest.
Any officer of police, not below the rank of a Head Constable may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened section 3 or any rule or order made thereof and the provisions of section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) shall, so far as may be, apply in the case of any such arrest.
Section 27 Power to give effect to orders, directions, and like.
(1) Any authority empowered by or under or in pursuance of the provisions of this Act or rule or order made thereunder to give any direction or to exercise any other power may, in addition to any other action expressly provided for in this Act, take or cause to be taken such steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be.
(2) Any police officer, not below the rank of Head Constable, may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any rule or order made or direction given under or in pursuance of the provisions of this Act or for preventing or rectifying any breach of such rule or order or direction.
(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.
(2) Any police officer, not below the rank of Head Constable, may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any rule or order made or direction given under or in pursuance of the provisions of this Act or for preventing or rectifying any breach of such rule or order or direction.
(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.
Section 28 Power to delegate authority.
The Central Government may, by notification, direct that any power or functions which may be exercised or performed by it under this Act or by any rule or order made thereunder, subject to such conditions, if any, as it may specify in such notification, be exercised or performed---
(a) by such officer or authority subordinate to the Central Government;
(b) by any State Government or by any officer or authority subordinate to such Government or any officer or authority authorised by such Government.
(a) by such officer or authority subordinate to the Central Government;
(b) by any State Government or by any officer or authority subordinate to such Government or any officer or authority authorised by such Government.
Section 29 Power of removal.
The Central Government may, by general or special order, direct the removal of a foreigner from India for contravention of any of the provisions of this Act or any rule or order made thereunder or an adverse security report, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such directions.
Section 30 Power to make rules.
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) such other functions to be carried out by Immigration Officer under clause (h) of section 2;
(b) the conditions subject to which the other travel document issued under clause (m) of section 2;
(c) the conditions subject to which the passport issued under clause (n) of section 2;
(d) the authority authorised to grant visa under clause (t) of section 2;
(e) such other functions to be performed by the Bureau of Immigration under sub-section (1) of section 5;
(f) the manner of appointment of officers of the Bureau of Immigration under sub-section (2) of section 5;
(g) the other functions which shall vest in the officers appointed by the Central Government as Commissioners of the Bureau of Immigration under sub-section (3) of section 5;
(h) the conditions and the manner subject to which the foreigners on arrival in India shall be required to register with the Registration Officer under section 6;
(i) the manner of submission of the information of foreigners to the Registration Officer by the keeper of accommodation under section 8;
(j) the manner of submission of the information of foreigners to the Registration Officer by the Universities and Educational Institutions under section 9;
(k) the manner of submission of the information of foreigners to the Registration Officer by the hospitals, nursing homes and other medical institutions under section 10;
(l) the authority and the manner for change of name of a foreigner subject to a specific permission under sub-sections (1) and (2) of section 12;
(m) the restriction of the dispatch of such articles to or for a foreigner under sub-section (3) of section 13;
(n) the conditions subject to which the civil authority may exercise the power to control places frequented by foreigners under section 14;
(o) the form, particulars, the manner and the time within which the information to be furnished by carrier to the civil authority or Immigration Officer under sub-section (1) of section 17;
(p) the appellate authority, form, manner and the fee to be accompanied for filing an appeal under sub-section (4) of section 17;
(q) the information to be required by District Magistrate or any Commissioner of Police from the carrier under sub-section (7) of section 17;
(r) the form, manner and such particulars to be submitted by the carrier to the Immigration Officer under sub-section (12) of section 17;
(s) the appellate authority, form, manner and the fee to be accompanied for filing an appeal under sub-section (2) of section 19;
(t) any matter which is to be or may be prescribed or in respect of which provision is to be made by rules.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) such other functions to be carried out by Immigration Officer under clause (h) of section 2;
(b) the conditions subject to which the other travel document issued under clause (m) of section 2;
(c) the conditions subject to which the passport issued under clause (n) of section 2;
(d) the authority authorised to grant visa under clause (t) of section 2;
(e) such other functions to be performed by the Bureau of Immigration under sub-section (1) of section 5;
(f) the manner of appointment of officers of the Bureau of Immigration under sub-section (2) of section 5;
(g) the other functions which shall vest in the officers appointed by the Central Government as Commissioners of the Bureau of Immigration under sub-section (3) of section 5;
(h) the conditions and the manner subject to which the foreigners on arrival in India shall be required to register with the Registration Officer under section 6;
(i) the manner of submission of the information of foreigners to the Registration Officer by the keeper of accommodation under section 8;
(j) the manner of submission of the information of foreigners to the Registration Officer by the Universities and Educational Institutions under section 9;
(k) the manner of submission of the information of foreigners to the Registration Officer by the hospitals, nursing homes and other medical institutions under section 10;
(l) the authority and the manner for change of name of a foreigner subject to a specific permission under sub-sections (1) and (2) of section 12;
(m) the restriction of the dispatch of such articles to or for a foreigner under sub-section (3) of section 13;
(n) the conditions subject to which the civil authority may exercise the power to control places frequented by foreigners under section 14;
(o) the form, particulars, the manner and the time within which the information to be furnished by carrier to the civil authority or Immigration Officer under sub-section (1) of section 17;
(p) the appellate authority, form, manner and the fee to be accompanied for filing an appeal under sub-section (4) of section 17;
(q) the information to be required by District Magistrate or any Commissioner of Police from the carrier under sub-section (7) of section 17;
(r) the form, manner and such particulars to be submitted by the carrier to the Immigration Officer under sub-section (12) of section 17;
(s) the appellate authority, form, manner and the fee to be accompanied for filing an appeal under sub-section (2) of section 19;
(t) any matter which is to be or may be prescribed or in respect of which provision is to be made by rules.
Section 31 Rules to be laid Before Parliament.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 32 Protection of action taken in good faith.
No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule or order made thereunder.
Section 33 Power to exempt in certain cases.
(1) The Central Government may, by order published in the Official Gazette, declare that all or any of the provisions of this Act or of any rule or order made thereunder shall not apply, or shall apply only in such circumstances or with such exceptions or modifications or subject to such conditions as may be specified in such order, to or in relation to---
(a) the citizens or class of citizens of any such country as may be so specified; or
(b) any other individual foreigner or class or description of foreigner.
(2) The Central Government may, if it is of the opinion that it is necessary or expedient so to do in the public interest or to fulfil the international obligation, by order published in the Official Gazette and subject to such conditions as may be specified therein, exempt any carrier or class of carriers from the operations of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.
(3) A copy of every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(a) the citizens or class of citizens of any such country as may be so specified; or
(b) any other individual foreigner or class or description of foreigner.
(2) The Central Government may, if it is of the opinion that it is necessary or expedient so to do in the public interest or to fulfil the international obligation, by order published in the Official Gazette and subject to such conditions as may be specified therein, exempt any carrier or class of carriers from the operations of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.
(3) A copy of every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 34 Application of other laws not barred.
The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.
Section 35 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 36 Repeal and saving.
(1) The Passport (Entry into India) Act, 1920 (34 of 1920), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946) and the Immigration (Carriers’ Liability) Act, 2000 (52 of 2000) (hereinafter referred to as repealed Acts) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken, including any rules, orders, directions, instructions, regulations or any proceedings made or issued or taken or given or any penalty or fine imposed under the repealed Acts shall, in so far as it is not inconsistent with the provision of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of the particular matters referred to in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken, including any rules, orders, directions, instructions, regulations or any proceedings made or issued or taken or given or any penalty or fine imposed under the repealed Acts shall, in so far as it is not inconsistent with the provision of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of the particular matters referred to in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.