Immigration and Foreigners Act 2025: New Exemption Rules, Penalties, and Implementation Guidelines

The Government of India has announced a sweeping update to immigration laws through the Immigration and Foreigners (Exemption) Order, 2025, which officially came into effect on September 1, 2025. Issued via a Gazette notification by the Ministry of Home Affairs, the new order introduces critical exemptions, fresh guidelines for foreign nationals, and strict penalties for violations under the Immigration and Foreigners Act, 2025.

Immigration and Foreigners Act 2025: Exemptions for Nepal and Bhutan Citizens

According to the order, citizens of Nepal and Bhutan will continue to enjoy special entry rights. They will not require a passport, visa, or any other travel document to enter India through the land borders they share with the country. The same exemption will apply when they return home from India. However, this exemption will not be valid if they travel through or from China, Hong Kong, Macau, or Pakistan.

Immigration and Foreigners Act 2025: Provisions for Tibetans and Religious Minorities

The order grants relief to Tibetan nationals and specific religious minorities. Tibetans who entered India after 1959 and before May 30, 2003, and hold a valid Registration Certificate, will remain exempt. Those who entered after May 30, 2003, via the India-Nepal border with a special permit issued by the Indian Embassy in Kathmandu will also be covered.
In addition, individuals from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities who fled Pakistan, Afghanistan, or Bangladesh due to religious persecution before December 31, 2024, are eligible for exemption. Registered Sri Lankan Tamil refugees who sought asylum in India by January 9, 2015, will continue to enjoy exemptions for the duration of their stay.

Roles of Central and State Governments Under the Act

A separate Gazette notification has clarified how responsibilities will be divided. State governments will primarily enforce the Immigration and Foreigners Act, 2025, but the central government retains the authority to amend or cancel state-issued directives whenever necessary. All foreign nationals will be required to enter and exit India only through officially designated immigration checkpoints, ensuring strict monitoring.

Penalty Structure Under the Immigration and Foreigners Act 2025

The third notification highlights the fines applicable for rule violations. Entering India without valid travel documents will attract a penalty of ₹5 lakh. For overstaying beyond visa validity, the fines will be imposed on a graded scale:

Up to 30 days: ₹10,000
31 to 90 days: ₹20,000
Up to 180 days: ₹50,000
Up to 1 year: ₹1 lakh
More than 1 year: ₹3 lakh

Additionally, the order specifies the government officials who are authorized to levy these penalties, ensuring transparency in enforcement.

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