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Guest (n/a)     26 April 2009

can a person get passport during criminal case

can a person get passport when criminal case is pending againnst him or her. No condition or clause is mentioned in the bail order



 14 Replies

A V Vishal (Advocate)     26 April 2009

6. Refusal of passports, travel documents. etc.

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: -

(a) that the applicant is not a citizen of India.,

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.

Surender Dhull (Advocate)     26 April 2009

As per new rules of Passport, it is mandatory provision that if there is any criminal case is pending before the Court of India then the applicant have to got the permission from the Court for making the Passport and the concerned Court have also the power to direct the applicant or the Passport authority to send the same directly to the concerned Court or the Court can impose the condition that the applicant would surrender before the Court or give the direction to the applicant that he cannot go abroad with our prior permission of the Court.

Over all the permission is necessary from the Court but it is not possible that the Passport cannot be made if the criminal caseis pending.

 

Swami Sadashiva Brahmendra Sar (Nil)     27 April 2009

thanks to mr. vishal and dhull for giving useful informations.

N.K.Assumi (Advocate)     29 April 2009

Yes, Vishal, is right as per section 6 of the Indian Passports Act 1967.

Hero (SW engg)     17 July 2009

if an arrest warrant is issued after a person has left from India would he still have come back to India to fight his case.

Anil Agrawal (Retired)     28 October 2011

For information:

?Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extra, Part-II, Section 3 (1), dated 25th August 1993, pp-2-3, Sl. No. 289 (No.VI/401/37/19] 
In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in suersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298 (E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders form the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:- 
(a) the passport to be issued to every such citizen shall be issued ? 
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or 
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year; 
(iii) if such order gives permission to travel abroad for a period of less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or 
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. 
(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the the meantime, the order of the court is not cancelled or modified; 
(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; 
(d) the said citizen shall given an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.? 

Lalit Valecha (Prop.)     22 November 2011

Yes a person can acquire acquire passport facility by way of getting orders from the same court. for right to travel.

appu (x)     25 February 2012

Whether the above provisions are true for criminal case u/s 138- negotiable instrument act. In that case whether the passport shall be issued with one year validity?

What document do we need to submit to get a full validity passport?

Anil Agrawal (Retired)     25 February 2012

Hundreds of MPs and MLAs are facing criminal charges. Nothing applies to them.

Harshit (Sr manager Accounts)     25 December 2012

Can some body provide me scanned copy of this notification number

Notification No. GSR 570 (E) as published in

published in the Gazette of India, Extra, Part-II, Section 3 (1), dated 25th August 1993, pp-2-3, Sl. No. 289 (No.VI/401/37/19]

Anil Agrawal (Retired)     30 December 2012

It is quoted in different judgements of high courts. You can get it. It is as good as PDF format of MEA.

Pratik Jaiswal   08 March 2016

One of my relative wants to go for a family vacation, but he is charged with Section 138. He has applied for a passport reissue. Would his passport be renewed and would he get a UAE visa?

Ashvin Patel   08 February 2017

can a person get passport when criminal case is acquitted in 2010 againnst him or her. 
No condition or clause is mentioned in final court Judgement order.

 

I have been  acquitted in a criminal case in 2010.

since passport is one of disputed document it is with court at that time, but after trial and acquitted from case 2010 i did not get my passport back.May be detroyed.

I have court final Judgement or order mentioned as below Dated 21/9/2010

1) The accused is acquitted of the offences punishable u/Sec 465 467 468 471 420 511 r/w 34 of IPC

2) His bail bonds are cancelled. Surety discharged

3) The disputed documents be destroyed after lapse of appeal period.


Attached File : 374338 20170208141324 194780537 court judgement copy.pdf downloaded: 127 times

Arunodoy D (Consultant Adviser Cyber Security)     23 December 2018

You nailed.


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