If you are stuck in such a situation, here is what to do.

Mrs. Anjali Mehta, a resident of Vishalgarh, found herself in a complicated legal situation. Her sister-in-law, Mrs. Kavita Singh, had filed a criminal complaint related to dowry demands against the entire family following a marital dispute. Consequently, Mrs. Mehta’s name was included in the First Information Report (FIR), and a case was registered under sections of the Bharatiya Nyaya Sanhita (BNS), 2023.

Mrs. Mehta secured anticipatory bail from the court, and importantly, the bail order did not impose any restrictions on her travel abroad. A few months later, she needed to travel overseas to care for her son, who was undergoing a medical procedure and required family support. The problem was that Mrs. Mehta did not have a passport and needed to apply for a new one.

She was uncertain about the procedure. Would the passport office issue the passport directly, or would she need a specific order from the court permitting its issuance? Concerned about the high fees charged by her advocate for every court appearance, she hoped to avoid filing another application. This situation raises a common question: Can a person with a pending criminal case apply for and receive a new passport without explicit court permission?

Advice in such cases

Navigating the passport application process while a criminal case is pending requires careful handling of legal formalities. Here is some general advice:

• Full Disclosure: It is legally mandatory to declare any pending criminal cases in your passport application form. Concealing this information is a criminal offense under the Passport Act, 1967, and can lead to severe penalties, including imprisonment.
• Seek Court Permission: The most straightforward and legally sound approach is to file an application before the same court where the criminal case is pending. This application should seek a No Objection Certificate (NOC) or a specific direction to the Regional Passport Officer (RPO) to issue the passport.
• Prepare a Strong Application: Your application to the court should clearly state the reasons for your travel, provide supporting documents, and include an undertaking that you will return to India to face the trial and will not tamper with evidence or influence witnesses.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws come into play in such a scenario:

• The Passport Act, 1967: Section 6(2)(f) of this Act is the most critical provision. It empowers the passport authority to refuse to issue a passport or travel document if proceedings in respect of an offense alleged to have been committed by the applicant are pending before a criminal court in India.
• Bharatiya Nyaya Sanhita (BNS), 2023: The specific sections under which the case is filed (e.g., Section 85 for dowry or Section 86 for cruelty) determine the gravity of the offense, which the court considers while granting permission.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The procedures for bail and for seeking permissions from the court are governed by the BNSS.

If you are the complainant

If you are the person who filed the criminal case, you have the right to be heard when the accused applies for permission to travel abroad or get a passport. Your role would be:

• Raise Objections: If you believe that the accused may flee the country to evade justice, tamper with evidence, or intimidate witnesses, you can raise these objections before the court through your lawyer.
• Present Your Case: Your advocate can argue against the application by highlighting the seriousness of the offense and the potential risk of the accused absconding. The court will consider these arguments before making a decision.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the accused in the criminal case and need a passport, you are the “victim” of the circumstances preventing your travel. Here’s what you must do:

• File a Formal Application: You must file a miscellaneous application in the trial court requesting permission for the issuance of a passport. Merely having no travel restrictions in your bail order is not sufficient for the passport authority.
• Justify Your Need: Provide strong, verifiable reasons for needing the passport and traveling abroad. This could include medical emergencies, educational opportunities, employment, or important family events. Attach supporting documents.
• Cooperate with the Process: Assure the court of your cooperation with the ongoing trial and your commitment to return to India. The court may ask you to submit a surety or a bond as a guarantee.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police play a crucial role during the passport verification process. When you apply for a passport, a police verification request is sent to your local police station. The police will access their records and, upon finding a pending criminal case, will mention it in their verification report. This report will be adverse or negative, stating the details of the FIR and the ongoing case. Upon receiving such a report, the Regional Passport Office will, in accordance with Section 6(2)(f) of the Passport Act, put your application on hold and ask you to furnish a No Objection Certificate (NOC) from the concerned court.

FAQs people normally have

• Is a court order mandatory to get a passport if a criminal case is pending?
  Yes. While there can be rare exceptions, as a standard rule, the passport authority will refuse the application under Section 6(2)(f) of the Passport Act and will require an order from the court permitting the issuance of the passport.
• What if the court did not put any travel restrictions in the bail order?
  The absence of travel restrictions in a bail order is helpful for your case in court, but it is not a substitute for a direct order permitting the passport office to issue a passport. The passport authority follows the Passport Act, which requires a court order to override the restriction mentioned in Section 6(2)(f).
• Can I get a passport with a shorter validity?
  Yes. Often, when a court grants permission, it may specify that the passport be issued for a shorter duration, such as one or two years, instead of the standard ten years. It may also restrict travel to specific countries mentioned in your application.

What evidence is required?

When applying to the court for an NOC to get a passport, you should typically submit the following documents:

• A copy of the FIR and/or the chargesheet.
• A copy of your bail order.
• Proof of your reason for travel (e.g., a letter from a doctor abroad, an admission letter from a university, an employment contract, or an invitation to a family wedding).
• An affidavit clearly stating the purpose and duration of your travel, and undertaking to abide by any conditions imposed by the court and to return to India for the trial.
• Proof of your permanent residence and ties to the community in India (e.g., property documents, family details) to assure the court you will not abscond.

How long will the investigation take?

The question should be rephrased as, “How long does the court permission process take?” The timeline for getting a court order for a passport NOC can vary significantly. It depends on the court’s workload, the complexity of the case, and whether the prosecution or the complainant raises strong objections. Generally, the process can take anywhere from a few weeks to a couple of months. Once you have the court order, you can submit it to the Regional Passport Office, and the passport issuance will then proceed as per their standard timeline.

Advocate Sudhir Rao, Supreme Court of India