NEW DELHI: Persecuted 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 without a valid passport or travel document or where the validity of their passport or document has since expired - will be exempt from penal action under the Immigration and Foreigners Act 2025, which came into force Monday.
This provision forms part of the Immigration and Foreigners (Exemption) Order, 2025 notified by the MHA Monday. The ministry has, in separate notifications, also specified the officer or authority for compounding offences under the Act as well as the delegation of powers to enforce the Act, to states and UTs.
Section 21 of the Immigration and Foreigners Act, also notified Monday, provides for imprisonment up to five years and fine that may extend to Rs 5 lakh, for any foreigner entering India without a valid passport or visa. Section 23 penalises overstaying foreigners with up to three years in jail and/or Rs 3 lakh fine.
The exemption of non- Muslim citizens of Pakistan, Afghanistan and Bangladesh who arrived before Dec 31, 2024, from detention and likely deportation proceedings will, however, have no impact on conditions laid down under the Citizenship Amendment Act, 2019 (CAA) for grant of Indian citizenship to the same minorities who migrated to India before Dec 31, 2014, on grounds of religious persecution at home. "CAA deals exclusively with grant of citizenship to these minorities, and the cutoff date for their entry remains Dec 31, 2014; the Immigration and Foreigners (Exemption) Order, 2025, merely states that those who entered India till Dec 31, 2024, will not be treated as illegal migrants and can continue staying in India even without or after their passport and visa have expired," explained an officer.
As per the Immigration and Foreigners (Exemption) Order, 2025, 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 foreigners registration officers, have been granted a similar exemption from penal proceedings. Citizens of Nepal and Bhutan, if entering or exiting India via China, Macau, Hong Kong or Pakistan, will not be entitled to such exemption.
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 are members of all three armed forces entering or exiting India on duty, with family members. Foreigners holding diplomatic passports will not require a visa.
The 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. Overstaying beyond validity of the visa period will invite graded penalty by FRRO/immigration officer: other than Tibetans, Buddhist monks from Mongolia, and eligible Pakistani, Bangladeshi and Afghan immigrants, others 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.
Select The Times of India as your preferred source on Google SearchBharti Jain is senior editor with The Times of India, New Delhi. ...
Read MoreBharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.
Read Less