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Draft immigration bill: Onus on individuals to prove citizenship, immigration officer to arrest person without warrant

Sources in the government said that the Immigration and Foreigners Bill, 2025 is likely to be introduced in Parliament during the second leg of the ongoing Budget Session.

Mukesh Ranjan

NEW DELHI: The government has developed a draft legislation, The Immigration and Foreigners Bill, 2025, to regulate foreigners coming to India.

The provisions include a jail term of up to seven years for anyone using a fake passport or for those arranging fraudulent entry for someone.

The bill also places the onus on transport carriers to remove a foreigner who has been denied entry into the country.

Sources in the government said that the Immigration and Foreigners Bill, 2025, which also repeals existing laws—the Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939, Foreigners Act, 1946, and Immigration (Carriers’ Liability) Act, 2000—is likely to be introduced in Parliament during the second leg of the ongoing Budget Session.

Quoting provisions in the draft bill, a source said, “If any foreigner’s entry has been refused, that foreigner shall be handed over to the transport carrier by the Immigration Officer, and it shall be the responsibility of that carrier to ensure the individual’s removal from India without delay.”

The bill also includes a provision to make the carrier liable for bringing a person without valid travel documents. A penalty of Rs 2 to 5 lakh may be imposed, and if the penalty is not paid, the carrier may be seized or detained.

Furthermore, the bill, sources said, will make those controlling and owning educational institutions, including universities, medical colleges, hospitals, and private residences, responsible for providing information about foreigners residing on their premises.

The sources also mentioned that the repeal of the old Acts is being done to facilitate a comprehensive law and to "avoid multiplicity and overlapping of the same or related subjects." This is also in line with the Government of India’s policy to simplify laws.

Regarding regulation, the bill obligates the mandatory registration of foreigners upon their arrival and places restrictions on movement, name changes, and stays in protected/restricted areas. The sources added that the “burden of proof is on individuals to establish that they are not foreigners.”

The bill further empowers immigration officers to arrest such individuals without a warrant. Provisions to delegate powers and enforce immigration controls are enshrined in the proposed law.

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