By The question of whether you can apply for a new passport while facing a pending criminal case in India is a source of significant anxiety. The answer is yes, but it requires a specific legal procedure, not just an administrative one. This comprehensive guide demystifies the entire process, from understanding the Passports Act to securing the necessary court permission and avoiding the critical pitfalls of non-disclosure. We’ll provide a clear, step-by-step roadmap—complete with a visual flowchart and a court application template—to help you navigate the law and exercise your right to travel.
Can You Get a Passport with a Pending Criminal Case in India?
A comprehensive legal guide to navigating the passport application process when facing an IPC case. Understand the law, the procedure, and your rights.
The Short Answer: Yes, but with a Court Order.
While a pending criminal case is a statutory bar to getting a passport, Indian law provides a clear legal pathway. The key lies in obtaining a permissive order from the very court where your case is pending. This guide will show you how.
The Legal Framework: Rule, Hurdle & Gateway
Understanding the three pillars of passport law is essential for any applicant with a pending criminal case.
The Passports Act, 1967
The primary law governing passport issuance. It establishes a fair, non-arbitrary procedure, replacing the old system of executive discretion.
The Hurdle: Section 6(2)(f)
This section mandates the refusal of a passport if criminal proceedings are pending against the applicant in an Indian court.
The Gateway: GSR 570(E)
A government notification that creates an exception. It allows passport issuance if the applicant gets a permissive order from the court.
The Procedural Pathway
A step-by-step guide to securing the necessary court permission for your passport application.
Draft & File Application
Engage a lawyer to draft a "Miscellaneous Application" for the court, stating the reason for needing a passport and undertaking to attend trial.
Compile Documents
Gather supporting documents: ID/address proof, case papers (FIR, chargesheet), and strong evidence for your travel reason (e.g., job offer).
Court Hearing & Order
The court hears arguments from your lawyer and the prosecution. If satisfied, it issues a permissive order, sometimes with conditions.
Visual Flowchart of the Process
Follow the journey from filing a court application to receiving your passport.
START: Pending Criminal Case
A charge sheet has been filed and the court has taken cognizance.
Engage Lawyer & File Application
Submit a "Miscellaneous Application" to the criminal court handling your case.
Court Hearing
The judge hears arguments from your lawyer and the prosecution.
Permission Granted?
Appeal or Re-apply
Discuss options with your lawyer, such as appealing to a higher court or re-applying later.
Obtain Certified Court Order
This is the key document for the Passport Authority.
Apply for Passport & DECLARE CASE
Fill the online form, truthfully disclosing the pending case. Attach the court order and a written undertaking.
Pre-Police Verification (Pre-PV)
The police will verify your address and criminal record details.
END: Receive Passport
Typically a Short Validity Passport (SVP) valid for 1 year.
Court Application Template
A sample draft for the "Miscellaneous Application" to be filed in court. This is a guide and should be adapted by your lawyer.
Template: Application for Permission to Obtain Passport
Disclaimer: This is a general template for informational purposes only and does not constitute legal advice. Consult a qualified lawyer to draft the application specific to your case.
IN THE COURT OF THE [Court Name, e.g., Chief Metropolitan Magistrate], [City] Criminal Miscellaneous Application No. ______ of 20__ IN Case No. [Your Case Number] of 20__ FIR No: [Your FIR Number] Police Station: [Name of Police Station] U/S: [Sections of IPC/Law applied] [State] ... Complainant / Prosecution VERSUS [Your Full Name] S/o [Father's Name], Aged [Your Age] years, R/o [Your Full Address]. ... Accused / Applicant APPLICATION FOR PERMISSION TO APPLY FOR AND OBTAIN AN INDIAN PASSPORT Most Respectfully Sheweth: 1. That the Applicant above-named is an accused in the aforementioned criminal case, which is currently pending before this Hon'ble Court, and the matter is fixed for [Stage of Case, e.g., evidence, arguments]. 2. That the Applicant has been law-abiding and has been regularly attending all court proceedings without fail and has complied with all conditions of bail granted by this Hon'ble Court. 3. That the Applicant is desirous of applying for an Indian Passport for the purpose of [State the genuine and specific reason, e.g., "seeking employment opportunities abroad for career advancement," "pursuing higher education at [University Name], for which an admission offer has been received," or "visiting my ailing parent, [Parent's Name], who resides in [Country]"]. (Note: Attach supporting documents like offer letter, admission letter, etc.). 4. That the Applicant is being deprived of his fundamental right to travel as guaranteed under Article 21 of the Constitution of India due to the pendency of the present case. 5. That the Applicant undertakes to this Hon'ble Court that he shall not, in any manner, misuse the liberty of possessing a passport and will continue to attend all court dates diligently. 6. That the Applicant further undertakes that he will not leave the country without the prior express permission of this Hon'ble Court for each and every trip. 7. That if the permission sought is not granted, the Applicant will suffer irreparable loss and injury. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: a) Grant permission to the Applicant/Accused to apply for and obtain an Indian Passport from the competent Passport Authority. b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY. Place: [City] Date: [Date of Filing] APPLICANT [Your Full Name] THROUGH [Lawyer's Name] Advocate [Advocate's Enrollment Number]
Short Validity Passport (SVP) vs. Regular Passport
Typically, the court order results in a Short Validity Passport (SVP) as a security measure.
Short Validity Passport (SVP)
Validity: 1 Year
Regular Passport
Validity: 10 Years
The Perils of Non-Disclosure
Hiding your pending case is a serious offense under Section 12(1)(b) of the Passports Act.
Imprisonment
Up to 2 years.
Fine
Up to ₹5,000.
Passport Impounding
Your passport will be revoked, rendering it invalid.
Judicial Rulings & Evolving Law
High Courts continuously shape passport law. Explore key judgments and the factors courts consider.
Factors Weighed by the Court
This chart illustrates the typical factors a judge considers when deciding on a passport NOC application. Hover over bars for details.
Key High Court Rulings
Filter by Court:
| Court | Key Principle | Implication |
|---|---|---|
| Madras HC | Must seek court NOC as a condition precedent to applying. | First step is always the criminal court, not Passport Office. |
| Bombay HC | Court permission not required for renewal, only for travelling abroad. | May get passport renewed without NOC, but will need one to travel. |
| Bombay HC (Goa Bench) | Passport renewal should be for the full 10-year validity. | Strengthens argument for full-validity renewal. |
| Allahabad HC | Passport Authority must decide on an application, cannot pend it indefinitely. | Can be used to compel a decision if application is stalled. |
| Karnataka HC | In serious cases (e.g., murder), refusal to renew for 10 years is justified. | Severity of the offense is a major factor for the court. |
Synthesis of the Current Legal Position
Combining the law, government notifications, and court rulings gives us a clear picture of the current legal landscape.
The Foundation
The Passports Act, 1967, via Section 6(2)(f), creates a mandatory bar on issuing a passport if a criminal case is pending where the court has taken cognizance.
The Established Remedy
Notification GSR 570(E) is the sole legal pathway to overcome this bar, requiring a permissive order from the concerned criminal court.
The Standard Outcome
For a fresh passport application, this process typically results in a Short Validity Passport (SVP) for one year, unless the court specifies otherwise.
The Evolving Nuance
For passport renewals, courts are increasingly ruling that an NOC may not be needed for renewal itself, and a full 10-year validity may be granted, though permission for travel is still required.
Frequently Asked Questions
Quick answers to common questions about obtaining a passport with a pending case.
At what stage is a criminal case considered "pending"?
A case is legally considered "pending" for passport purposes only after a charge sheet has been filed in court and the court has formally taken cognizance of the offense. The bar under Section 6(2)(f) does not apply merely upon the filing of an FIR or during the investigation stage.
What kind of conditions can the court impose?
To ensure you attend the trial, a court may impose conditions like requiring you to furnish a financial bond or a surety, submit a detailed travel itinerary, deposit your passport with the court upon your return to India, or seek separate permission for each international trip.
Is the process different for renewing a passport?
Yes, it can be. Some High Courts have ruled that a court NOC is not required for the renewal itself, and that the renewed passport could be for a full 10-year term. However, you would still be required to get the court's permission before you actually travel abroad.
What if I have cases in multiple courts?
You must disclose all pending cases in your application and undertaking. Generally, you will need to obtain a permissive order or NOC from each court where proceedings are pending against you.
Your Practical Checklist
Follow these steps methodically for a smooth process. Click on items to mark them as complete.
- Engage experienced legal counsel.
- Prepare and draft the court application.
- Compile all supporting documents and evidence.
- File in court and attend the hearing.
- Obtain a certified copy of the court's order.
- Complete the online passport application & DECLARE THE CASE.
- Prepare the written undertaking as per GSR 570(E).
- Submit all documents at the Passport Seva Kendra (PSK).
- Cooperate fully with the Pre-Police Verification (Pre-PV).
