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Mohan (Director)     02 December 2010

Can Police sieze passport?

Do police have authority to sieze passport?

i've been trying to find the details but couldn't come to any conclusion.

I've seen the references that Police can sieze passport if a person has obtained it illegally/theft etc.

But can police sieze passport otherwise as well?



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 6 Replies


(Guest)

only if there is a prima facie of criminal accusation or complaint pending if the passport is not seized the secure of accused is not possible in these circumstances the pass port can be seized.  If your passport has been seized  illegally make report before higher police officals

Mohan (Director)     02 December 2010

Hi Ganesan,

Thanks for reply.

"only if there is a prima facie of criminal accusation"

How does criminal accusation leads to passport seizure by Police. My understanding is that until n unless court orders police don't have any power to seize the passport.

"complaint pending if the passport is not seized the secure of accused is not possible in these circumstances the pass port can be seized"

Again who decides here that secure of accused is not possible? Police? Court?

I've seen various court judgements detailing that no authorities have power to sieze passport without court orders.

Shyam Agrawal (Lawyer)     02 December 2010

An Indian passport contains following caution note: "This passport is the property of the Government of India. Any communication received by the holder from a passport authority regarding this passport, including demand for its surrender, should be complied with immediately." This being the provision in the Passport Act, the police authorities may require the concerned passport authority to demand 'surrender' of any passport whenever the situation so arises. Shyam Agrawal

Mohan (Director)     02 December 2010

Sorry you didn't read my post correctly.

I'm aware that passport authorities can recall passport that is understood.

My question is there is no such request from passport authority or court then do police have power to seize passport?

Consider this scenario. Police went to arrest a person and found Passport in person's pocket and decided to seize passport as well...

     


Ravikant Soni (LAWYER IN JAIPUR)     03 December 2010

No! But when any offence committed pertaining to passport than it can be seized.

Mohan (Director)     05 December 2010

 

"No! But when any offence committed pertaining to passport than it can be seized."

No there is no offence pertaining to Passport.


Police arrested accused in a case and unfortunately accused was carrying passport which they seized. Case was not pertaining to passport at all.


So can we come to conclusion that if there is no order from court, no request from Passport authorities, and no passport related offence then Police CAN'T Seize the passport?



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