Case Study – Legal Analysis on Passport Issuance for Individuals with Criminal Records
Kapil Dixit LLP provides in-depth legal guidance on passport issuance, criminal records, and international travel restrictions. A common legal concern is whether individuals with criminal convictions or pending cases can obtain or renew a passport. This case study presents a detailed legal analysis of statutory provisions, judicial precedents, and procedural guidelines regarding passport eligibility under Indian law.
Judicial Precedents on Passport Issuance for Convicts and Accused Persons
Case Study 1: Abhishek Tiwari v. Union of India, Regional Passport Office, State of Chhattisgarh
Background
The petitioner sought passport renewal while facing a criminal trial under Sections 294, 323, 451, and 506 of the IPC. The trial court rejected his application, citing Section 6(2)(f) of the Passports Act, 1967.
Legal Argument
- The petitioner relied on the 1993 Central Government Notification, which allows passport renewal if court permission is obtained.
- He argued that Article 21 of the Indian Constitution guarantees the right to travel as part of personal liberty and that this right cannot be arbitrarily denied.
Court’s Decision
- The Chhattisgarh High Court overturned the rejection order, directing the trial court to reconsider the case.
- The court ruled that passport renewal cannot be denied solely based on a pending criminal case, provided the applicant secures court permission.
Legal Implication: Individuals with pending criminal cases may apply for passport renewal with a valid No Objection Certificate (NOC) from the trial court.
Case Study 2: Allahabad High Court – Ravindra Nath Bhargav v. State of UP (2019)
Background
The petitioner’s passport renewal application was denied due to a pending criminal case under Sections 323, 354B, 504, and 506 IPC.
Legal Argument
- The trial court refused to issue a No Objection Certificate (NOC) since charges had not been framed yet.
- The petitioner argued that passport denial violated fundamental rights under Article 21 of the Constitution. permission.
Court’s Decision
- The Allahabad High Court quashed the rejection order and directed the trial court to issue an NOC for passport renewal.
- The court held that passport authorities cannot deny renewal arbitrarily and must honour valid court orders.
- The Passport Authority was directed to process the renewal application after the petitioner secured trial court approval.
Legal Implications: Even if charges are pending, an individual can apply for a passport with a valid court order.
Recent Legal Developments (2024-2025)
Telangana High Court Ruling (April 2024)
The court ruled that a passport renewal cannot be denied solely because of a pending criminal case. Key observations:
- A valid NOC from the trial court must be honoured by passport authorities.
- Passports should be issued for the standard 10-year period, unless restrictions are imposed by the court.
- Arbitrary denials violate Article 21 and can be challenged in court.
Jammu & Kashmir High Court Ruling (February 2025)
In Mohd. Amir Malik v. Union of India, the Jammu & Kashmir High Court ruled that passport issuance cannot be denied solely based on the criminal background of family members.
Legal Framework: Key Provisions & Procedures
Police Clearance Certificate (PCC)
- Required for passport issuance and renewal.
- Applicants with pending criminal cases must obtain an NOC from the trial court.
Obtaining a No Objection Certificate (NOC)
To secure an NOC, the applicant must:
- File a formal request with the trial court.
- Submit supporting documents, including case details and justification for travel.
- Appear before the court for approval.
Role of Legal Representation
Legal counsel plays a crucial role in:
- Presenting the case effectively to demonstrate compliance with legal requirements
- Arguing constitutional rights under Article 21.
- Ensuring procedural fairness in the passport application process.
Legal Framework Governing Passport Issuance for Individuals with Criminal Records
Statutory Provisions: The Passports Act, 1967
The Passports Act, 1967 governs the issuance, renewal, and refusal of passports in India. Under Section 6(2) (f) of the Act, a passport may be denied if:
- A person has a pending criminal case before an Indian court.
- A warrant or summons for appearance/arrest has been issued against the applicant.
- A court has prohibited the applicant from traveling abroad.
- The applicant has been convicted of an offense and has not completed the sentence.
However, judicial interpretations have clarified that the mere pendency of a criminal case is not an absolute bar to obtaining a passport. Courts have exercised judicial discretion in granting exemptions in cases where legal safeguards are followed.
Central Government Notification – 25 August 1993
The Government of India issued a notification on 25 August 1993, exempting individuals facing criminal proceedings from passport restrictions, provided they obtain a No Objection Certificate (NOC) from the trial court.
Under this notification, applicants can:
- Apply for passport renewal while facing trial.
- Obtain court permission to travel abroad.
- Request a limited-period passport, depending on the court’s discretion.
Conclusion: Legal Remedies for Individuals with Criminal Records Seeking a Passport
Based on judicial precedents and statutory provisions, individuals with criminal cases can apply for a passport under the following conditions:
- Obtain a No Objection Certificate (NOC) from the trial court.
- Submit a formal application to the Regional Passport Office, citing the 1993 Notification and legal precedents.
- Comply with all court conditions, including appearance at hearings if required.
- Seek High Court intervention if passport renewal is unreasonably delayed or denied.
About Kapil Dixit LLP – Legal Representation in Criminal and Constitutional Law
Kapil Dixit LLP is a leading law firm in Bangalore, specializing in:
- Criminal Law and Bail Matters
- High Court and Supreme Court Appeals
- Constitutional and Administrative Law
- Passport and Immigration Legal Issues
- International Travel Restrictions and Compliance
