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Padma Shree (student)     25 November 2013

Passport suppression of information

When I was a student my name was in a police case for fighting inside the hostel. after 5 years  I applied for the passport . Then after I came to know about the case when I got notice from the court. The case is still running and I am on unconditional bail. The case is running for 10 years.  Should I now include the case details by applying to the passport office? If so, will i be punished for suppression of information? If so what might be the punishment ? A fine of Rs 5000/- or can they cancel my passport ? I am living outside India for last 5 years for my higher studies.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     26 November 2013

Whoever-knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act .two years of imprisonment or with fine which may extend to five thousand rupees] or with both.

The passport authority may impound or cause to be impounded or revoke a passport or travel document,- if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;

if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;

if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.

these are the relevant provisions of the passport act from which you can make out your status.

sriniwhoelse (manager)     09 April 2015

dear sirs

one of my collegues  faced a trail with criminal proceedings. he was acquitted subsequently. now he is applying for passport. what should be his answer for the question "Have you ever been charged with criminal proceedings or any arrest warrant/summon pending before a court of India?".

the answer to part 1 of the question is "yes" but  no case is pending so answer for the second part is "no".

if he says "yes", it is asking for the details of the court/sections etc.  do we have to say yes only in case of pending cases.

please advice 

thanks


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