Minorities from Pakistan, Afghanistan and Bangladesh who arrived before December 2024 can stay without passport

NEW DELHI: Migrants from Afghanistan, Bangladesh and Pakistan belonging to six minority communities — Hindu, Christian, Sikh, Buddhist, Jain and Parsi — who entered India on or before Dec 31, 2024 on a valid passport or travel document or where such validity has since expired — will be exempt from penal action under the Immigration and Foreigners Act 2025, which came into force since Monday.

As per the Immigration and Foreigners (Exemption) Order, 2025 issued on Monday, citizens of Nepal and Bhutan as well as Tibetans who entered India between 1959 and May 30, 2003 on the special entry permit issued by the Indian embassy in Kathmandu, and are registered with the foreigners registration officer concerned, have been granted a similar exemption. Nepal and Bhutan citizens, if entering or exiting India via China, Macau, Hong Kong or Pakistan, will not be entitled to exemption.

Section 21 of the Act — passed in April this year — states that any foreigner who enters India without a valid passport or other travel document including visa, shall be punishable with jail term up to five years or/and fine which may extend to Rs 5 lakh. Section 23 penalises overstaying foreigners with up to three years in jail and/or Rs 3 lakh fine.

Provisions regarding extent of foreigners’ stay in India and for the purposes of exiting, shall not apply to registered Sri Lankan Tamils who took shelter in India up to Jan 9, 2015. Also exempt from penal action are members of all three armed forces entering or exiting India on duty, along with their accompanying family members. Foreigners holding diplomatic passports will not require a visa.

The states/UTs have been delegated powers to enforce the Act.

The home ministry on Monday also notified the compounded fines for violation of provisions of the Act; illegal entry without valid passport and visa by any foreigner — apart from the exempted categories — will invite a fine of Rs 5 lakh, payable to the FRRO concerned. Overstaying beyond validity of the visa period will invite graded penalty by FRRO/immigration officer: other than Tibetans, Buddhist monks from Mongolia, and Pakistani, Bangladeshi and Afghan immigrants eligible for long term visa who will pay fines between Rs 50 and Rs 550, foreigners will need to pay Rs 10,000 if staying up to 30 days beyond visa period, Rs 20,000 for a 31-90 days overstay, Rs 50,000 for 91-180 days overstay, Rs 1 lakh for overstay extending from 181 days to more than one year; and Rs 2 lakh plus Rs 50,000 for each additional year of stay, subject to a cap of Rs 3 lakh. An abettor will face the same penalties.

If a foreigner visits a protected or restricted area in India, he will need to cough up the same fines as mentioned above. Non-submission of details of foreigners’ accommodation will invite a Rs 1 lakh fine; non-disclosure on foreign students/patients by educational institutions and hospitals, a fine of Rs 50,000-1 lakh. OnAircraft and ships will not be penalised for carrying passengers on forged documents, if such forgery cannot be detected without help of document examination experts.