Answer By law4u team
Under Indian law, specifically the Passports Act, 1967, the mere pendency of a criminal case does not create an absolute bar to obtaining a passport, but it does significantly restrict the process and requires specific judicial permission. Section 6(2)(f) of the Passports Act, 1967 states that the passport authority shall refuse to issue a passport or travel document if proceedings in respect of an offense alleged to have been committed by the applicant are pending before a criminal court in India. This provision appears to give the passport officer the power to outright deny an application when criminal proceedings are ongoing. However, the legal landscape was substantially modified by a notification issued by the Ministry of External Affairs in 1993, commonly known as GSR 570(E), which provides a crucial exception for individuals facing criminal charges. According to the 1993 notification, if criminal proceedings are pending against an applicant before a criminal court, they can still obtain a passport if they produce an order from the concerned court permitting them to depart from India or granting them a passport for a specific period. Therefore, the standard procedure for anyone with a pending criminal case who wishes to obtain a passport involves a specific two-step legal approach. First, the applicant must file a formal application before the trial court where the criminal case is currently pending. This application must seek permission from the magistrate or judge to obtain a passport and, if necessary, to travel abroad. When filing this application, the applicant should clearly state the reasons for requiring the passport, the duration for which it is needed, and the countries they intend to visit if travel is contemplated. The court will evaluate the nature of the offense, the conduct of the accused during the trial, the likelihood of the accused absconding, and whether the presence of the accused is urgently required for the progress of the trial. If the court is satisfied that the applicant will not flee from justice and that the trial will not be unduly delayed, it will pass a favorable judicial order. This order typically specifies either that a passport may be issued for a specific duration, such as one year, three years, or five years, or that no objection is granted for the issuance of a passport under the Passports Act, 1967. Once the applicant obtains this formal permission order from the criminal court, the second step is to submit the passport application to the regional passport office or passport Seva Kendra along with a certified copy of the court order. The passport authorities are bound by the direction of the court. If the court order explicitly directs the issuance of a passport for a specific period, the passport authority will issue a passport with that exact validity, overriding the standard statutory bar found in Section 6(2)(f) of the Passports Act, 1967. It is important to note that failing to disclose a pending criminal case on the passport application form constitutes a serious offense under the Passports Act, 1967, specifically Section 12, which deals with offenses and penalties. Suppressing material information or providing false statements while applying for a passport can lead to prosecution, heavy fines, imprisonment, and subsequent revocation or impounding of the passport under Section 10 of the Passports Act, 1967. Another relevant legal avenue exists for individuals who have been convicted of an offense rather than just facing a pending case. Under Section 6(2)(g) of the Passports Act, 1967, if an applicant has been convicted of an offense involving moral turpitude and sentenced to imprisonment for not less than two years within a period of five years immediately preceding the date of the application, a passport will be denied. For convictions where the sentence was less than two years, or if five years have elapsed since the completion of the sentence, the statutory bar does not apply in the same manner. However, for an ongoing criminal case where charges have been framed or a chargesheet has been filed and cognizance has been taken by a magistrate, the judicial clearance route via the 1993 notification is the only lawful path forward. In summary, an individual with a pending criminal case cannot simply apply for a passport through the normal routine channel without facing rejection under Section 6(2)(f) of the Passports Act, 1967. The correct legal procedure requires approaching the trial court first to secure a No Objection Certificate or a specific direction permitting the issuance of the passport. Transparency is vital throughout the process, and applicants must fully disclose their criminal history and pending litigations in the passport application forms to avoid severe criminal penalties for perjury and suppression of facts under Indian law.
