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REGISTERED NO. DL-(N)04/0007/2003-25
The Gazette of India
CG-DL-E-04042025-262300
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 13]
NEW DELHI, FRIDAY, APRIL 4, 2025/CHAITRA 14, 1947 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 4th April, 2025/Chaitra 14, 1947 (Saka)
The following Act of Parliament received the assent of the President on the
4th April, 2025 and is hereby published for general information:—
THE IMMIGRATION AND FOREIGNERS ACT, 2025
No. 13 OF 2025
[4th April, 2025.]
An Act to confer upon the Central Government certain powers to provide
for requirement of passports or other travel documents in respect of
persons entering into and exiting from India and for regulating matters
related to foreigners including requirement of visa and registration and
for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Immigration and Foreigners Act, 2025.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Short title and
commencement.
Definitions.
2. In this Act, unless the context otherwise requires,-
(a) "accommodation” means a temporary or permanent premises of any
nature, where a foreigner is accommodated;
(b) "carrier” means a person or entity, including any association of
persons or company, whether incorporated or not, who is engaged in the
business of transporting passengers or cargo by air, water or land by aircraft
or ship or any other mode of transport;
(c) "civil authority" means such authority as may be appointed by the
Central Government in this behalf for such area as it thinks fit;
(d) "entry" means entry by air, water or land;
(e) "exit" means exit by air, water or land;
(f) "foreigner" means a person who is not a citizen of India;
(g) "immigration function” means any one of the functions relating to-
(i) the visa issuance and regulation of entry into;
(ii) transit through;
(iii) stay in; or
(iv) movement within and exit from,
India, under the provisions of this Act or rules or orders or directions made
thereunder;
(h) "Immigration Officer” means any officer authorised by the Central
Government to carry out immigration functions or such other functions as may
be prescribed and includes the Chief Immigration Officer;
(i) “immigration post” means the point of entry into and exit from India
for the purpose of immigration functions as may be notified by the Central
Government;
(j) "keeper of accommodation" means the person in charge of the
management of an accommodation and includes any person authorised by him
to perform the duties of the keeper of the accommodation;
(k) "notification” means a notification published in the Official Gazette
and the expressions “notify” and “notified" shall be construed accordingly;
(1) "order" means the instructions issued under any of the provisions of
this Act or the rules made thereunder;
(m) "other travel document" means the Emergency Certificate or
Certificate of Identity or such other travel document which has been issued by
or under the authority of the Central Government or Government of a foreign
country or any other organisation as may be recognised for this purpose by the
Central Government, subject to such conditions as may be prescribed;
(n) "passport" means a passport issued or deemed to have been issued
under the provisions of the Passport Act, 1967 and includes a passport which
have been issued by or under the authority of the Government of a foreign
country subject to such conditions as may be prescribed;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "Prohibited place" means any place as the Central Government may,
by order, specify in this behalf;
15 of 1967.
(q) "Protected area" means any area contiguous with India's
international border or any other area, as the Central Government may, by
order, specify in this behalf;
(r) "Registration Officer" means a Registration Officer authorised by the
Central Government in this behalf for such area as it thinks fit and includes
such officer authorised by him with the approval of the Central Government
to perform the duties of the Registration Officer on his behalf;
(s) "Restricted area" means any area within India and outside the
protected area, as the Central Government may, by order, specify in this
behalf;
(t) "visa" means an authorisation by such authority as may be prescribed
in this behalf, permitting a foreigner to enter into or transit through or stay in
or exit from the territory of India.
CHAPTER II
MATTERS RELATED TO IMMIGRATION
3. (1) No person proceeding from any place outside India shall enter, or
attempt to enter, India by air, water or land unless he is in possession of a valid
passport or other travel document, and in case of a foreigner, also a valid visa, and
any foreigner while present in India shall also be required to possess valid passport
or other valid travel document and valid visa, unless exempted under section 33 or
through intergovernmental agreements:
Provided that notwithstanding anything contained in this sub-section, no
foreigner shall be allowed to enter into or stay in India, if he is found inadmissible
to do so on account of threat to national security, sovereignty and integrity of India,
relations with a foreign State or public health or on such other grounds as the Central
Government may, specify in this behalf:
Provided further that the decision of the Immigration Officer in this regard
shall be final and binding.
(2) Notwithstanding anything contained in section 3 of the Passports
Act, 1967, no person shall depart or attempt to depart from India by air, water or
land unless he is in possession of a valid passport or other travel document and in
case of a foreigner, also a valid visa:
Provided that notwithstanding anything contained in this sub-section, no
person shall be allowed to depart or exit from India, if his presence is required in
India by any authorised agency or on such grounds as the Central Government may,
by order, specify in this behalf:
Provided further that the decision of the Immigration Officer in this regard
shall be final and binding.
(3) The Immigration Officer may examine the passport or other travel
document and visa of a foreigner during his entry into, transit through, stay in,
movement within India and also require him to furnish such information as may be
necessary and appropriate.
(4) The Immigration Officer may seize a passport or other travel document of
any person which has been declared as lost or stolen or considered as damaged or
forged or fraudulently obtained or on the direction of the passport issuing authority
or courts.
(5) The overall supervision, direction and control on visa and related matters
shall vest in and be exercised by the Central Government.
Requirement of
passport or other
travel document
and visa.
15 of 1967.
Immigration
posts for entry or
exit.
Bureau of
Immigration.
Registration of
foreigners.
Power to issue
orders,
directions or
instructions.
4. (1) The Central Government may notify the designated immigration posts
for entry into or exit from India at such places as may be specified.
(2) A designated immigration post for entry into or exit from India shall be
manned by an Immigration Officer or such other officers as may be specified by the
Bureau of Immigration constituted under section 5.
5. (1) There shall be constituted a Bureau called the Bureau of Immigration
for performing the immigration functions and such other functions as may be
prescribed.
(2) The Bureau of Immigration referred to in sub-section (1) shall consist of
such number of officers appointed by the Central Government in such manner as
may be prescribed.
(3) The general supervision, directions and control of the Bureau of
Immigration, shall vest in and be exercised by the Central Government and the
overall supervision of the immigration functions and such other functions as may be
prescribed, shall vest in the officer appointed by the Central Government as
Commissioner of Bureau of Immigration.
(4) The Commissioner, Bureau of Immigration shall, in discharge of his duties
under this Act, be assisted by the Foreigners Regional Registration Officers,
Foreigners Registration Officers, Chief Immigration Officers and such Immigration
Officers as may be authorised by the Central Government in this behalf.
CHAPTER III
MATTERS RELATED TO FOREIGNERS
6. The foreigners on arrival in India shall be required to register with the
Registration Officer concerned, subject to such conditions and in such manner as
may be prescribed.
7. (1) The Central Government may, by an order or direction or instruction,
make provisions, either generally or with respect to all foreigners or with respect to
any particular foreigner or any specified class or description of foreigner, for
prohibiting, regulating or restricting the entry of foreigners into India or, their
departure therefrom or their presence or continued presence therein.
(2) In particular, and without prejudice to the generality of the
foregoing power, the orders or directions or instructions issued under this section
may provide that the foreigner—
(a) shall not enter India, or shall enter India only at such times and by
such route and at such port or place and subject to the observance of such
conditions on arrival as may be specified;
(b) shall not depart from India, or shall depart only at such times and by
such route and from such port or place and subject to the observance of such
conditions on departure as may be specified;
(c) shall not remain in India or in any specified area therein;
(d) shall, if he has been required by order or direction or instruction
under this section not to remain in India, meet from any resources at his
disposal the cost of his removal from India and of his maintenance therein
pending such removal;
(e) shall remove himself to, and remain in, such area in India as may be
specified;
(f) shall comply with such conditions as may be specified-
(i) requiring him to present himself for examination, for such
information in such manner, at such time, as may be required;
(ii) requiring him to reside in a particular place;
(iii) imposing any restrictions on his movements;
(iv) requiring him to furnish such proof of his identity and to report
such particulars to such authority in such manner and at such time and
place as may be specified;
(v) requiring him to allow his photograph and biometric information,
as may be specified, to be taken and to furnish specimens of his
handwriting and signature to such authority and at such time and place
as may be specified;
(vi) requiring him to submit himself to such medical examination
by such authority and at such time and place as may be specified;
(vii) prohibiting him from association with persons of a specified
description;
(viii) prohibiting him from engaging in activities of a specified
description;
(ix) prohibiting him from using or possessing specified articles;
(x) regulating his conduct in any such particular as may be
specified.
(3) In addition to the foregoing, the Central Government may make provision
for any matter which is to be or may be specified and for such incidental and
supplementary matters as may be expedient or necessary for giving effect to
this Act.
(4) Any authority specified in this behalf may, with respect to any particular
foreigner, issue order or direction or instruction under clause (f) of sub-section (2).
8. (1) It shall be the duty of the keeper of accommodation to submit to the
Registration Officer such information in respect of foreigners accommodated in
such accommodation and in such manner as may be prescribed:
Provided that subject to provisions of sub-section (3), provisions of this
sub-section shall not be applicable to residential premises of non-commercial
nature.
(2) Every foreigner accommodated in such accommodation shall furnish to the
keeper of accommodation thereof such particulars as may be required by him.
(3) If in any area as may be specified in this behalf, the civil authority so
directs, it shall be the duty of every person occupying or having under his control
any residential premises to submit to the Registration Officer in such manner such
information in respect of foreigner accommodated in such premises as may be
specified.
9. Every University and Educational Institution or any other institution
admitting any foreigner shall furnish information to the Registration Officer in
respect of such foreigner in such manner as may be prescribed.
10. Every hospital, nursing home or any other such medical institution
providing medical, lodging or sleeping facility in their premises shall furnish
information in respect of any foreigner taking indoor medical treatment or their
attendant for whom such lodging or sleeping facility has been provided to the
Registration Officer in such manner as may be prescribed.
Obligation of
keeper of
accommodation
and others to
furnish
particulars.
Obligation of
Universities and
Educational
Institutions.
Obligation of
hospital, nursing
home or any
other medical
institution.
Visit to
Protected or
Restricted area
or Prohibited
places.
Change of name
of foreigner in
India.
Foreigners
whose
movements are
restricted.
Power to control
places
frequented by
foreigners.
11. No foreigner shall enter or stay in Protected area or Restricted area or
Prohibited place without a special permit or permission granted by such authority
as may be specified by an order published in the Official Gazette in this behalf and
subject to such conditions as specified therein.
12. (1) No foreigner who was in India on the date on which this Act came into
force shall, while in India after that date, assume or use or purport to assume or use
for any purpose, any name other than that by which he was ordinarily known
immediately before the said date, except where a specific permission for change of
name has been granted by such authority in such manner as may be prescribed.
(2) No foreigner who has entered into India after the date on which this Act
came into force shall, while in India after the date of his entry, assume or use or
purport to assume or use for any purpose, any name other than that by which he was
ordinarily known immediately before the said date of entry, except where a specific
permission for change of name has been granted by such authority as may be
prescribed.
(3) For the purpose of this section—
(a) the expression “name” includes a surname; and
(b) a name shall be deemed to be changed if the spelling thereof is altered.
(4) Nothing contained in this section shall apply to the assumption or use by
any married woman, of her husband's name.
13. (1) Any foreigner in respect of whom there is in force an order under
clause (f) of sub-section (2) of section 7 requiring him to reside at a place set apart
for the residence under supervision, for a number of foreigners, shall, while residing
therein, be subject to such conditions as to maintenance, discipline and the
punishment of offences and breaches of discipline as the Central Government may
from time to time by order determine.
(2) No person shall—
(a) knowingly assist such a foreigner to escape from custody or the place
set apart for his residence, or knowingly harbour any such foreigner; or
(b) give such a foreigner any assistance with intent thereby to prevent,
hinder or interfere with the apprehension of such a foreigner.
(3) The Central Government may, by order, provide for regulating access to,
and the conduct of persons in, places in India where such a foreigner whose
movements are restricted is lodged, and for prohibiting or regulating the dispatch or
conveyance from outside such places to or for such a foreigner therein of such
articles as may be prescribed.
14. (1) The civil authority may, subject to such conditions as may be
prescribed, direct the owner or keeper having control of any premises frequented by
any foreigner—
(a) to close such premises either entirely or during specified periods;
(b) to use or permit the use of such premises only under such conditions
as may be specified; or
(c) to refuse admission to such premises either to all foreigners or to any
specified foreigner or class of foreigners.
(2) A person to whom any direction has been given under sub-section (1) shall
not, while such direction remains in force, use or permit to be used any other
premises for any of the aforesaid purposes, except with the previous permission in
writing of the civil authority and in accordance with any conditions which that
authority may think fit to impose.
(3) Any person to whom any direction has been given under sub-section (1) and who
is aggrieved thereby may, within thirty days from the date of such direction, appeal to the
Central Government, and the decision of the Central Government in the matter shall be final.
15. When a foreigner, while in India with a valid passport or other travel
document and valid visa, is recognised as a national by the law of more than one
foreign country, the civil authority or Immigration Officer may, after due
verification of all available documents and inquiry, treat that foreigner as the
national of the country on whose passport or travel document he had entered into
India or with which he appears to be most closely connected for the time being and
the decision of civil authority or Immigration Officer in this regard shall be final:
Provided that the Central Government, either of its own motion or on an
application by the foreigner concerned, may revise any such decision.
16. If in any case, not falling under section 15, any question arises with
reference to this Act or any rule or order made or direction given thereunder,
whether any person is or is not a foreigner of a particular class or description, the
onus of proving that such person is not a foreigner or is not a foreigner of such
particular class or description, as the case may be, shall, notwithstanding anything
contained in the Bharatiya Sakshya Adhiniyam, 2023, lie upon such person.
CHAPTER IV
LIABILITY OF CARRIERS
17. (1) The carrier landing or embarking at a port or place in India shall furnish
to a civil authority or Immigration Officer-
(i) the passenger and crew manifest;
(ii) the advance passenger information data of passengers and crew on
board of such aircraft, vessel or other mode of transport, as the case may be; and
(iii) the passenger name record information of passengers arriving or
departing,
in such form, containing such particulars, in such manner and within such time, as
may be prescribed.
(2) For the purposes of sub-section (1), the expression “passenger name record
information" means the records prepared by an operator of any aircraft or vessel or
other mode of transport or his authorised agent for each journey booked by or on
behalf of any passenger.
(3) Where the information referred to in sub-section (1) is not furnished to civil
authority or Immigration Officer within the prescribed time and manner or false information
is furnished and if civil authority or Immigration Officer is satisfied that there was no
sufficient cause for such delay in furnishing the information or in the manner prescribed, the
carrier shall be liable to such penalty specified in section 18 for each such information:
Provided that no penalty shall be imposed without giving the carrier an
opportunity of being heard in the matter.
(4) Any person aggrieved by the penalty imposed under sub-section (3), may
prefer an appeal to such authority in such form, manner and accompanied by such
fee as may be prescribed.
(5) Every such appeal shall be preferred within a period of thirty days from
the date of the order appealed against:
Provided that the appellate authority may, if it is satisfied that the appellant
was prevented by sufficient cause from preferring the appeal within the said period
of thirty days, permit the appellant to prefer the appeal within a further period not
exceeding thirty days.
Foreigner who is
national of more
than one foreign
country.
Burden of proof.
Obligation of
carriers and like.
47 of 2023.
Liability of
carrier to pay
penalty.
Liability of
carriers for
passengers
brought into
India.
(6) On receipt of any such appeal, the appellate authority shall, after giving
the parties an opportunity of being heard and after making such inquiry as it deems
proper, make such order, as it may think fit, confirming, modifying or reversing the
order appealed against.
(7) Any District Magistrate or any Commissioner of Police or, where there is
no Commissioner of Police, any Superintendent of Police or the civil authority or
Immigration Officer may, for any purpose connected with the enforcement of this
Act or any rule or any order made thereunder, require the carrier to furnish such
information as may be prescribed in respect of passengers or members of the crew
on such aircraft, vessel or other mode of transport, as the case may be.
(8) Any passenger on such carrier and any member of the crew of such carrier
shall furnish to the carrier, any information required by him for the purpose of
furnishing the information referred to in sub-section (1) or for furnishing the
information required under sub-section (7).
(9) If any foreigner whose entry has been refused, such foreigner shall be
handed over to the carrier by the Immigration Officer and it shall be the
responsibility of that carrier to ensure his removal from India without delay.
(10) If any foreigner enters into India in contravention of any provisions of
this Act or any rule or order made thereunder, the civil authority or Immigration
Officer may, within two months from the date of such entry, direct the carrier on
which such entry was effected to provide accommodation, otherwise than at the
expense of Central Government, on such aircraft or a vessel or any other mode of
transport for the purpose of removing the said foreigner from India.
(11) The carrier which is about to carry passengers from a port or place in India
to any destination outside India, if so directed by the Central Government and on
tender of payment therefor at the current rates, shall provide on the aircraft or vessel
or any other mode of transport, accommodation to such port or place outside India,
being a port or place at which the aircraft or vessel or any other mode of transport is
due to call, as the Central Government may specify, for any foreigner ordered under
section 7 not to remain in India and for his dependents, if any, travelling with him.
(12) The carrier shall not cause or permit the aircraft or vessel or any other
mode of transport to depart from a port or place in India until a clearance has been
obtained from the Immigration Officer on submission of general declaration in such
form, manner and with such particulars, as may be prescribed.
(13) For the purposes of this section, —
(a) "carrier" shall also include pilot of aircraft, master of vessel, or
company representative or station manager or operator of such aircraft or
vessel or any other mode of transport or any person authorised by such carrier
to discharge on his behalf any of the duties imposed on him by this section;
(b) "passenger” means any person not being a bona fide member of the
crew, travelling or seeking to travel on an aircraft or a vessel or any other mode
of transport.
CHAPTER V
OFFENCES, PENALTIES AND APPEAL
18. The carrier, for contravention of the provisions of section 17, shall be liable
to a penalty which may extend to fifty thousand rupees.
19. (1) Where the civil authority or Immigration Officer is of the opinion that
any carrier has brought a person, in contravention of the provisions of section 3 and
rules or orders made thereunder, into India, he may, by order impose a penalty which
shall not be less than two lakh rupees, but may extend to five lakh rupees, on such
carrier:
Provided that no order shall be passed without giving the carrier an
opportunity of being heard in the matter.
(2) Any person aggrieved by an order made under sub-section (1), may prefer
an appeal to such authority in such form, manner and accompanied by such fee as
may be prescribed.
(3) Every such appeal shall be preferred within a period of thirty days from
the date of the order appealed against:
Provided that the appellate authority may, if it is satisfied that the appellant
was prevented by sufficient cause from preferring the appeal within the said period
of thirty days, permit the appellant to prefer the appeal within a further period of
thirty days.
(4) On receipt of any such appeal, the appellate authority shall, after giving
the parties a reasonable opportunity of being heard and after making such inquiry as
it deems proper, make such order, as it may think fit, confirming, modifying or
reversing the order appealed against.
(5) Where any penalty imposed under this section is not paid, the civil
authority or Immigration Officer may recover the penalty so payable by-
(a) seizing or detaining the aircraft or the ship or any other mode of
transport of the carrier;
(b) seizing, detaining or selling any goods or properties belonging to the
carrier; or
(c) such other means as may be notified.
20. (1) Any person who contravenes or attempts to contravene, or abets or
attempts to abet, or does any act preparatory to a contravention of, any of the
provisions of this Act or of any rule or order made or direction given thereunder, or
fails to comply with any direction given in pursuance of any such order, shall be
deemed to have contravened the provisions of this Act.
(2) Any person who, knowing or having reasonable cause to believe that any
other person has contravened the provisions of this Act or of any rule or order made
or direction given thereunder, gives that other person any assistance with intent
thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment
for the said contravention shall be deemed to have abetted that contravention.
(3) The carrier, by means of which any foreigner enters or leaves India in
contravention of this Act or any rule or order made thereunder, or direction given in
pursuance of section 7 shall, unless he proves that he exercised all due diligence to
prevent the said contravention, be deemed to have contravened this Act.
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.
22. 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.
Contravention or
attempts to
contravene
provisions of
Act.
Penalty for entry
without valid
passport or other
travel document.
Penalty for
using or
supplying
forged or
fraudulently
obtained
passport or
other travel
document and
visa.
Penalty for
contraventions
of other
provisions of
this Act.
Penalty for
abetment.
Compounding of
certain offences.
23. 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.
24. (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.
25. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha
Sanhita, 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.
45 of 2023.
46 of 2023.
Power to arrest.
Power to give
effect to orders,
directions, and
like.
Power to
delegate
authority.
Power of
removal.
Power to make
rules.
26. 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
shall, so far as may be, apply in the case of any such arrest.
CHAPTER VI
MISCELLANEOUS
27. (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.
28. 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.
29. 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.
30. (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;
46 of 2023.
Rules to be laid
before
Parliament.
Protection of
action taken in
good faith.
Power to
exempt in
certain cases.
(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;
(1) 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.
31. 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.
32. 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.
33. (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.
34. 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.
35. (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.
36. (1) The Passport (Entry into India) Act, 1920, the Registration of
Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers'
Liability) Act, 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 with regard to the effect of repeal.
Application of
other laws not
barred.
Power to remove
difficulties.
Repeal and
saving.
34 of 1920.
16 of 1939.
31 of 1946.
52 of 2000.
10 of 1897.
DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
MGIPMRND—3GI(S4)—4-4-2025.