NEW DELHI: Migrants from Afghanistan, Bangladesh and Pakistan belonging to 6 minority communities — Hindu, Christian, Sikh, Buddhist, Jain and Parsi — who entered India on or earlier than Dec 31, 2024 on a sound passport or journey doc or the place such validity has since expired — shall be exempt from penal motion underneath the Immigration and Foreigners Act 2025, which got here into pressure since Monday.As per the Immigration and Foreigners (Exemption) Order, 2025 issued on Monday, residents of Nepal and Bhutan in addition to Tibetans who entered India between 1959 and Might 30, 2003 on the particular entry allow issued by the Indian embassy in Kathmandu, and are registered with the foreigners registration officer involved, have been granted the same exemption. Nepal and Bhutan residents, if coming into or exiting India by way of China, Macau, Hong Kong or Pakistan, won’t be entitled to exemption.Part 21 of the Act — handed in April this yr — states that any foreigner who enters India with no legitimate passport or different journey doc together with visa, shall be punishable with jail time period as much as 5 years or/and effective which can lengthen to Rs 5 lakh. Part 23 penalises overstaying foreigners with as much as three years in jail and/or Rs 3 lakh effective.Provisions relating to extent of foreigners’ keep in India and for the needs of exiting, shall not apply to registered Sri Lankan Tamils who took shelter in India as much as Jan 9, 2015. Additionally exempt from penal motion are members of all three armed forces coming into or exiting India on obligation, together with their accompanying members of the family. Foreigners holding diplomatic passports won’t require a visa.The states/UTs have been delegated powers to implement the Act.The house ministry on Monday additionally notified the compounded fines for violation of provisions of the Act; unlawful entry with out legitimate passport and visa by any foreigner — aside from the exempted classes — will invite a effective of Rs 5 lakh, payable to the FRRO involved. Overstaying past validity of the visa interval will invite graded penalty by FRRO/immigration officer: aside from Tibetans, Buddhist monks from Mongolia, and Pakistani, Bangladeshi and Afghan immigrants eligible for long run visa who can pay fines between Rs 50 and Rs 550, foreigners might want to pay Rs 10,000 if staying as much as 30 days past visa interval, 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 multiple yr; and Rs 2 lakh plus Rs 50,000 for every further yr of keep, topic to a cap of Rs 3 lakh. An abettor will face the identical penalties.If a foreigner visits a protected or restricted space in India, he might want to cough up the identical fines as talked about above. Non-submission of particulars of foreigners’ lodging will invite a Rs 1 lakh effective; non-disclosure on overseas college students/sufferers by academic establishments and hospitals, a effective of Rs 50,000-1 lakh. OnAircraft and ships won’t be penalised for carrying passengers on cast paperwork, if such forgery can’t be detected with out assist of doc examination specialists.
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