India draws new immigration line: Relief for minorities, strict penalties for others

New Delhi, Sept 3: Minority migrants from Pakistan, Afghanistan and Bangladesh who entered India before the end of 2024 have been exempted from penal provisions of the newly enacted Immigration and Foreigners Act, 2025. According to The Times of India, the relief applies to Hindus, Christians, Sikhs, Buddhists, Jains and Parsis who arrived in India on or before December 31, 2024, either with valid passports or whose travel documents have since expired.

They will not face action under the stringent provisions of the Act, which came into effect on September 1.

The exemptions, notified through the Immigration and Foreigners (Exemption) Order, 2025, also extend to Nepalese and Bhutanese citizens as well as Tibetans who entered India between 1959 and May 30, 2003 with special entry permits issued by the Indian embassy in Kathmandu, provided they are registered with the local foreigners’ registration officer. However, Nepalese and Bhutanese nationals entering or exiting India via China, Macau, Hong Kong or Pakistan will not be entitled to the exemption.

The new Act prescribes tough penalties for irregular entry and overstaying. Section 21 provides for up to five years’ imprisonment and/or a fine of up to `5 lakh for foreigners entering without valid travel documents, while Section 23 stipulates up to three years in jail and a `3 lakh fine for overstaying. According to TOI, provisions relating to length of stay and exit do not apply to registered Sri Lankan Tamils who took shelter in India until January 9, 2015. Members of the armed forces on duty and their families, as well as holders of diplomatic passports, are also exempt.

The Home Ministry has issued detailed rules on fines for violators. Illegal entry by non-exempt foreigners will attract a penalty of `5 lakh, payable to the Foreigners Regional Registration Office (FRRO). Overstaying attracts graded fines: `10,000 for up to 30 days beyond the visa period, `20,000 for 31–90 days, `50,000 for 91–180 days, `1 lakh for 181 days to one year, and `2 lakh plus `50,000 per additional year thereafter, capped at `3 lakh. Certain groups such as Tibetans, Mongolian Buddhist monks, and Pakistani, Bangladeshi and Afghan immigrants eligible for long-term visas face only nominal fines of `50–`550. Institutions failing to report details of foreign students or patients will be fined between `50,000 and `1 lakh, while non-submission of foreign accommodation details will draw a `1 lakh penalty.

Meanwhile, the Ministry of Home Affairs has designated official entry and exit points across the country. PTI reported that 37 airports, 34 sea and river ports, 37 land crossing points and six railway stations have been notified as immigration posts under the new law.

The airports include major hubs such as Delhi, Mumbai, Chennai, Kolkata, Bengaluru, Hyderabad, Ahmedabad and Guwahati, as well as regional airports like Bagdogra, Gaya, Port Blair, Surat, Kannur, Madurai and Vijayawada. Among the notified seaports are Mumbai, Mundra, Kandla, Cochin, Chennai, Visakhapatnam, Paradip, Nhava Sheva, Mormugao, Port Blair and several ports in Gujarat, Tamil Nadu and Kerala. River ports at Karimganj, Silghat, Dhubri and Pandu in Assam also figure on the list.

Land ports include Attari Road and Dera Baba Nanak in Punjab; Raxaul and Jogbani in Bihar; Moreh in Manipur; Agartala and other checkpoints in Tripura; and multiple entry points in West Bengal, Meghalaya, Assam and Mizoram. The six railway stations with immigration posts are Munabao (Rajasthan), Attari (Punjab), and Gede, Petrapole/Chitpur, Haridaspur and New Jalpaiguri (all in West Bengal). With the Act coming into force, states and Union territories have been delegated powers to enforce its provisions. The government has emphasised that while genuine migrants from persecuted minority communities and certain historical refugee groups will not face punitive action, others entering or overstaying illegally will be subject to strict penalties.

Penalties under Immigration and Foreigners Act, 2025

• Illegal entry without valid passport/visa: ₹5 lakh fine (for non-exempt categories).
• Overstaying visa period (graded fines):
  • Up to 30 days: ₹10,000
  • 31–90 days: ₹20,000
  • 91–180 days: ₹50,000
  • 181 days–1 year: ₹1 lakh
  • Beyond 1 year: ₹2 lakh ₹50,000 per additional year (capped at ₹3 lakh).
• Nominal fines (₹50–₹550): Tibetans, Mongolian Buddhist monks, and long-term visa holders from Pakistan, Bangladesh, Afghanistan.
• Non-submission of accommodation details: ₹1 lakh fine.
• Non-disclosure by institutions (foreign students/patients): ₹50,000–₹1 lakh.
• Visiting protected/restricted areas without permit: Same fines as overstaying.
• Abettors of violations: Same penalties as offender.