आपराधिक मामला लंबित हो तो पासपोर्ट और विदेश यात्रा की अनुमति
At a glance
- Law
- Passports Act, 1967 (S. 6(2)(f)) · MEA notification G.S.R. 570(E), 1993
- Who
- An accused in a pending criminal case
- Where
- Court where the case is pending
- Time
- 1–4 weeks for the court's order
What it is
Under Section 6(2)(f) of the Passports Act, 1967, the passport authority may refuse a passport, or its renewal, to a person against whom criminal proceedings are pending before a court in India. The Ministry of External Affairs notification G.S.R. 570(E) dated 25.08.1993 allows a passport to be issued where the court concerned permits the person to obtain a passport or to depart from India. Separately, where bail was granted on the condition that the accused will not leave India, the court's permission is needed before travelling.
The right to travel abroad is part of personal liberty under Article 21 of the Constitution (Maneka Gandhi v. Union of India (1978) 1 SCC 248; Satish Chandra Verma v. Union of India, Supreme Court, decided on 09.04.2019). Courts therefore permit travel on reasonable conditions where the person is not likely to abscond.
Who can apply
- An accused person in a pending criminal case, or a person facing a complaint case or proceedings at any stage after the court has taken cognizance, who needs a passport or wants to travel abroad for work, study, medical treatment, family events or pilgrimage.
Step-by-step process
- 1
Application to the court
An application is filed before the court where the case is pending (Magistrate or Sessions Court) seeking a no-objection for issue or renewal of the passport, and/or permission to travel abroad, with the travel details.
- 2
Reply of the prosecution
The court calls for the prosecution's reply.
- 3
Hearing and order
The court passes an order, usually with conditions: the period of travel, the country, an undertaking to return, the address abroad, appearance through an advocate on dates, and sometimes additional security.
- 4
Passport application
The court's order is submitted to the Passport Seva Kendra with the passport application. Under the 1993 notification, the passport is issued for the period fixed by the court; if the court fixes no period, it is issued for one year.
- 5
Travel and return
On return, the person informs the court and files proof of return, if so directed.
Documents required
Checklist · 6 items- Copy of the FIR / complaint, charge-sheet (if filed) and bail order
- Current passport, or passport application details
- Purpose of travel: offer or appointment letter, admission letter, medical papers, or invitation
- Proposed itinerary, visa, tickets, and address abroad
- Affidavit of undertaking to return and to appear through an advocate
- Identity and address proof; details of a surety, if required
Time usually taken
1 to 4 weeks for the court's order
Ordinarily one to four weeks for the court's order. The passport is then processed in the usual way.
Points to remember
- 01A criminal court cannot itself impound a passport; impounding is a power of the passport authority under Section 10(3) of the Passports Act (Suresh Nanda v. CBI (2008) 3 SCC 674).
- 02The court's permission is needed even where only a summons or warrant has been issued after cognizance, because the proceeding is then “pending”.
- 03A Look Out Circular issued by an investigating agency is a separate matter, and needs a separate remedy.
Frequently asked questions
Can a passport be issued while a criminal case is pending?
Yes, where the court concerned permits it. The MEA notification G.S.R. 570(E) of 25.08.1993 allows a passport to be issued on the court's permission to obtain a passport or to depart from India.
For how long is the passport issued under court permission?
For the period fixed by the court. If the court fixes no period, it is issued for one year.
Can a criminal court impound a passport?
No. Impounding is a power of the passport authority under Section 10(3) of the Passports Act (Suresh Nanda v. CBI (2008) 3 SCC 674).
Is permission needed if only a summons has been issued?
Yes. Once the court has taken cognizance, the proceeding is “pending”, so permission is needed even where only a summons or warrant has been issued.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Criminal Defence and Bail Matters