IMMIGRATION AND FOREIGNERS ACT, 2025

• • Context:Repeals and consolidates four major colonial-era laws: the Passport (Entry into India) Act, 1920, Foreigners Act, 1946, and others.
  • Key Provisions:
    • Statutory Status to BoI:Provides a formal legal basis for the Bureau of Immigration.
    • Reporting Obligations:Hospitals and universities are now legally required to report the details of foreign nationals staying with them.
    • Security:Introduces stricter penalties for forged travel documents (up to 7 years imprisonment).

The Immigration and Foreigners Act, 2025(came into force in September, 2025) is a landmark legislation that serves as the “Bharatiya Nyaya Sanhita” for India’s border and foreigner management. It replaced four colonial-era laws with a unified, digital-first framework.

Consolidation & Repeal

The Act simplifies India’s legal landscape by repealing and merging four fragmented laws into a single statute:

• • The Passport (Entry into India) Act, 1920
  • The Registration of Foreigners Act, 1939
  • The Foreigners Act, 1946
  • The Immigration (Carriers’ Liability) Act, 2000

Key Provisions & Institutional Changes

• • Statutory Bureau of Immigration (BoI): The BoI, which previously functioned under executive orders, has now been granted statutory status under Section 5. It is the sole agency responsible for immigration functions, data verification, and monitoring.
  • Mandatory Digital Reporting: The Act shifts from manual to mandatory electronic registration through designated portals (like e-FRRO).
    • Educational Institutions: Must report foreign students within 24 hours of admission.
    • Hospitals/Medical Institutions: Must maintain records of foreign patients and report births/deaths of foreigners within 7 days.
    • Keepers of Accommodation: Hotels and homestays must maintain electronic records for at least one year.
  • Biometric Data: The Act provides a clear legal basis for collecting biometric information (fingerprints, iris scans, facial traits) of any foreign national upon arrival or during their stay for security verification.
  • Holding Centres: State governments are now mandated to set up dedicated holding centres/camps for restricting the movement of foreigners awaiting deportation.

Mandatory Provisions:

1. Mandatory Electronic Registration:The Act moves away from manual ledgers. All foreign nationals, as well as institutions hosting them, must use the e-FRRO (Foreigners Regional Registration Office) portal for registration and reporting.

2. Mandatory Biometric Data:To enhance border security and prevent identity fraud, the Act provides the legal mandate to collect biometrics (fingerprints, iris scans, and facial recognition) from all foreign nationals upon arrival or during their stay.

3. Mandatory Reporting by Hospitals:Under the new rules, medical institutions are legally obligated to report the birth or death of a foreign national electronically within a strict window of 7 days.

4. Mandatory ‘Holding Centers’:Unlike previous discretionary practices, the 2025 Act specifically mandates that State Governments must establish and maintain dedicated holding centers/camps. These are used to restrict the movement of foreigners whose visas have expired or who have entered illegally while they await deportation.

Offenses and Penalties

The Act introduces a “graded penalty” system to reduce discretionary powers and increase accountability:

National Security & Exclusions

• • Right to Refuse Entry: The government can refuse entry or stay on grounds of anti-national activities, espionage, or if the individual is deemed a threat to national sovereignty.
  • Burden of Proof: Similar to the 1946 Act, the burden of proving whether a person is a foreigner or not lies upon the individual, not the state.
  • Exemptions: The Act specifies exemptions for certain categories, such as citizens of Nepal and Bhutan, Tibetan refugees, and minority refugees from neighbouring countries (under specified conditions).