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Core Purpose

The Central Government specifies the officers and authorities empowered to compound offenses under the Immigration and Foreigners Act, 2025, and details the corresponding compounding sums for various violations.

Detailed Summary

The Ministry of Home Affairs, via Notification S.O. 3999(E) dated 1st September, 2025, published on September 2, 2025, exercised powers under sub-section (1) of section 25 of the Immigration and Foreigners Act, 2025 (13 of 2025). This notification specifies the officers or authorities, primarily the Foreigners Regional Registration Officer (FRRO) and in some cases the Immigration Officer at the immigration post for shorter durations, who may compound offenses under the said Act before prosecution or during trial. The compounding sums vary by offense and duration. For instance, a foreigner entering India without a valid passport or visa (Section 21) can have the offense compounded for Five lakh rupees. Offenses under Section 23 include overstaying, staying without valid travel documents, non-registration, and violating visa conditions. Overstay penalties range from Ten thousand rupees for up to 30 days to Two lakh rupees plus Fifty thousand rupees for each year of overstay (maximum Three lakh rupees) for general foreigners, with significantly lower rates for Tibetans, Buddhist monks from Mongolia, and specific categories of Pakistan, Bangladesh, and Afghanistan nationals eligible for Long Term Visas, and a flat One thousand rupees for other Afghanistan nationals. Similar tiered compounding sums apply for staying without valid travel documents and non-registration (violating Section 6 or Rule 16, 17, 18 of the Immigration and Foreigners Rules, 2025). Violation of visa conditions, such as engaging in non-permitted activities on various visa types, ranges from Fifty thousand rupees to Three lakh rupees (e.g., taking employment on a non-employment visa, or involvement in tabligh, journalistic, or missionary activities without prior permission). Visiting Protected/Restricted areas or Prohibited places without a special permit (Section 11) incurs compounding sums from Fifty thousand rupees to Three lakh rupees based on the period of stay. Non-submission of information by keepers of accommodation (Section 8 or Rule 17), educational institutions (Section 9 or Rule 16), or medical institutions (Section 10 or Rule 18) incurs Fifty thousand rupees or One lakh rupees respectively. Abetment of offenses under sections 21, 22, or 23 (Section 24(1)) is compounded for the same sum as the abetted offense, with the term 'abetment' defined as per section 45 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). This notification came into force on the date of its publication in the Official Gazette.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02092025-265887 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3894] NEW DELHI, TUESDAY, SEPTEMBER 2, 2025/BHADRA 11, 1947 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 1st September, 2025 S.O. 3999(E).β€”In exercise of the powers conferred by sub-section (1) of section 25 of the Immigration and Foreigners Act, 2025 (13 of 2025), the Central Government hereby specifies the officer or authority as mentioned in column (4) of the Table, who may, before institution of any prosecution under the said Act or during trial, compound the offences under the said Act as specified in column (2) of the said Table, on payment of the sum (amount) as specified in column (3) of the said Table TABLE | Sl. No. | Sections and offences of Act. | Sum (amount) to be compounded. | Officer or authority for compounding. | | :---- | :---------------------------- | :------------------------------- | :------------------------------- | | (1) | (2) | (3) | (4) | | 1. | 21. 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. | Five lakh rupees. | Foreigners Regional Registration Officer. | | 2. | 23. Whoever, β€” (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. | | | | | (i) Overstay by foreigners beyond the validity of visa period. | Duration of overstay. | Sum (amount) to be compounded. | Foreigners Regional Registration Officer. | | | | (A) In case of foreigners other than those mentioned in (B) and (C) below: | | | | | | 1 day up to 30 days | Ten thousand rupees | In case of overstay up to thirty days, the Foreigners Regional Registration Officer or the Immigration Officer at the immigration post. | | | | 31 days up to 90 days | Twenty thousand rupees | | | | | 91 days up to 180 days | Fifty thousand rupees | | | | | 181 days up to one year | One lakh rupees | | | | | More than one year | Two lakh rupees plus Fifty thousand rupees for each year of overstay subject to a maximum of three lakh rupees | | | | | (B) Tibetans, Buddhist monks from Mongolia and categories of Pakistan, Bangladesh and Afghanistan nationals who are eligible for grant of Long Term Visa: | | | | | | 1 day up to 30 days | Fifty rupees | | | | | 31 days up to 90 days | One hundred rupees | | | | | 91 days up to 180 days | Two hundred rupees | | | | | 181 days up to one year | Three hundred rupees | | | | | More than one year | Five hundred rupees plus fifty rupees for each year of overstay subject to a maximum of three lakh rupees | | | | | (C) Afghanistan nationals not covered by (B) above: | | | | | | For any period | One thousand rupees | | | | (ii) A foreigner staying in India without a valid passport or other travel document in contravention of provisions of section 3 of the Act. | Duration of expired passport or other travel document. | Sum (amount) to be compounded. | Foreigners Regional Registration Officer. | | | | (A) In case of foreigners other than those mentioned in (B) below: | | | | | | 1 day up to 30 days | Ten thousand rupees | | | | | 31 days up to 90 days | Twenty thousand rupees | | | | | 91 days up to 180 days | Fifty thousand rupees | | | | | 181 days up to one year | One lakh rupees | | | | | More than one year | Two lakh rupees plus fifty thousand rupees for each additional year subject to a maximum of three lakh rupees | | | | | (B) Tibetans, Buddhist monks from Mongolia and categories of Pakistan, Bangladesh and Afghanistan nationals who are eligible for grant of Long Term Visa: | | | | | | 1 day up to 30 days | Fifty rupees | | | | | 31 days up to 90 days | One hundred rupees | | | | | 91 days up to 180 days | Two hundred rupees | | | | | 181 days up to one year | Three hundred rupees | | | | | More than one year | Five hundred rupees plus fifty rupees for each additional year subject to a maximum of three lakh rupees | | | | (iii) Non-registration by foreigners violating provisions of section 6 of the Act or rule or Order made thereunder. | Duration of non-registration period. | Sum (amount) to be compounded. | Foreigners Regional Registration Officer. | | | | (A) In case of foreigners other than those mentioned in (B) below: | | | | | | 1 day up to 30 days | Ten thousand rupees | In case of non-registration up to thirty days, the Foreigners Regional Registration Officer or the Immigration Officer at the immigration post. | | | | 31 days up to 90 days | Twenty thousand rupees | | | | | 91 days up to 180 days | Fifty thousand rupees | | | | | 181 days up to one year | One lakh rupees | | | | | More than one year | Two lakh rupees plus Fifty thousand rupees for each year of non-registration subject to a maximum of three lakh rupees | | | | | (B) Tibetans, Buddhist monks from Mongolia and categories of Pakistan, Bangladesh and Afghanistan nationals who are eligible for grant of Long Term Visa: | | | | | | 1 day up to 30 days | Fifty rupees | | | | | 31 days up to 90 days | One hundred rupees | | | | | 91 days up to 180 days | Two hundred rupees | | | | | 181 days up to one year | Three hundred rupees | | | | | More than one year | Five hundred rupees plus fifty rupees for each year of non-registration subject to a maximum of three lakh rupees | | | | (iv) Violation of the conditions of the valid visa issued to the foreigner, | | | | | | (a) on any category of visa (other than Tourist visa) found involved in activities [other than taking up employment] which are not permitted under the particular visa category; | Fifty thousand rupees in each case. | Foreigners Regional Registration Officer. | | | (b) on Tourist visa found involved in activities [other than taking up employment] which are not permitted under Tourist visa; | Fifty thousand rupees in each case. | Foreigners Regional Registration Officer. | | | (c) taking up employment in an organisation or institution on a visa other than Employment visa; | Three lakh rupees in each case. | Foreigners Regional Registration Officer. | | | (d) on any category of visa or holding Overseas Citizen of India card found involved in tabligh activities, journalistic activities and missionary activities without prior permission of the authority as may be specified by the Central Government; and | Three lakh rupees in each case. | Foreigners Regional Registration Officer. | | | (e) any other violation of visa conditions which are not specified above. | Fifty thousand rupees in each case. | Foreigners Regional Registration Officer. | | | (v) A foreigner visiting or staying in a Protected area or Restricted area or Prohibited place without the special permit from the authority in contravention of the provisions of section 11 of the Act or of any Order made thereunder. | Period of stay without permit. | Sum (amount) to be compounded. | Foreigners Regional Registration Officer. | | | | 1 day up to 30 days | Fifty thousand rupees | | | | | 31 days to 90 days | Seventy five thousand rupees | | | | | 91 days to 180 days | One lakh rupees | | | | | 181 days to one year | Two lakh rupees | | | | | More than one year | Three lakh rupees | | | 3. | (vi) Non-submission of information in respect of foreigners accommodated in an accommodation by the keeper of the accommodation in contravention of the provisions of section 8 of the Act or rule 17 of the Immigration and Foreigners Rules, 2025. | Fifty thousand rupees in each case. | Foreigners Regional Registration Officer. | | | (vii) Non-submission of information in respect of foreigners admitted by a University or Educational Institution or any other institution admitting a foreigner for education in contravention of the provisions of section 9 of the Act or rule 16 of the Immigration and Foreigners Rules, 2025. | One lakh rupees in each case. | Foreigners Regional Registration Officer. | | | (viii) Non-submission of information in respect of foreigners taking indoor medical treatment or their attendant for whom lodging or sleeping facility has been provided by a hospital, nursing home or any other such medical institution providing such facility in contravention of the provisions of section 10 of the Act or rule 18 of the Immigration and Foreigners Rules, 2025. | One lakh rupees in each case. | Foreigners Regional Registration Officer. | | | 24. (1) Whoever abets any offence punishable under sections 21, 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. | Same sum (amount) as that of an offence abetted. | Foreigners Regional Registration Officer. | | | (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. | This notification shall come into force on the date of its publication in the Official Gazette. | | | [F. No. 25022/11/2025-F.I] NITESH KUMAR VYAS, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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