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

Mr. Sameer, a marketing executive from the city of Anandpur, found himself in a difficult position. A business deal with a company, “Apex Solutions,” had soured, leading to a commercial dispute. The proprietor of Apex Solutions, Mr. Vinod Kumar, filed a criminal complaint against Sameer, alleging cheating and criminal breach of trust. The First Information Report (FIR) was registered, and the case is now pending before the Judicial Magistrate’s court in Anandpur. Sameer, who needs to travel to an international trade fair for his current job, realized his passport is about to expire. He is now concerned that the pending criminal case will be a major obstacle to getting his passport renewed, jeopardizing his career.

Advice in such cases

Having a criminal case pending in court does not automatically mean you can never renew your passport. However, it complicates the process significantly. The Passport Authority is legally empowered to refuse renewal in such circumstances. The key is to obtain permission from the very court where your case is being heard.

• Obtain a No Objection Certificate (NOC) from the court where the criminal case is pending. This is the most crucial step.
• Approach the court with a formal application explaining the necessity for passport renewal and potential travel.
• Be prepared for the court to impose certain conditions, such as requiring a surety bond or restricting the validity period of the passport.
• 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

The primary law governing this issue is the Passports Act, 1967. Specifically, Section 6(2)(f) of the Act states that the passport authority shall refuse to issue a passport or travel document for visiting any foreign country if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. However, the Supreme Court of India has clarified in various judgments that this refusal is not absolute. If the applicant obtains an order from the concerned court permitting them to depart from India, the passport authority can issue the passport. The criminal proceedings themselves are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), which outlines the procedure for the trial.

If you are the complainant

If you are the person who has filed the criminal case (like Mr. Vinod Kumar in our example), your role is to ensure that the accused faces trial. When the accused files an application for a passport renewal NOC, you have the right to oppose it. You can argue before the court that the accused is a flight risk and may not return to India to face the legal proceedings if allowed to travel abroad. The court will hear your objections before making a decision.

• You can file a reply in court opposing the accused’s application for an NOC.
• You can present arguments suggesting that the accused might abscond or tamper with evidence if allowed to travel internationally.
• 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

In this context, the “victim” is the person against whom the case is filed and who is seeking passport renewal (like Mr. Sameer). Your primary goal is to convince the court that you are not a flight risk and that your travel is necessary.

• File a miscellaneous application in the court where your case is pending, seeking a No Objection Certificate (NOC) for passport renewal.
• Clearly state the reasons for renewal and any impending travel plans, providing supporting documents if possible (e.g., offer letter, conference invitation).
• In your application, you must give an undertaking to the court that you will be available for all court hearings and will not abscond from justice.
• The court may ask you to furnish a surety or a bond to ensure your return.
• 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’s role in the passport renewal process is primarily administrative and reportorial. When you apply for a passport, the Regional Passport Office (RPO) initiates a police verification process. The local police station will check their records. If they find a pending criminal case against you, they will submit an “adverse” report to the RPO, stating the facts of the case (FIR number, sections of law, and case status). The police do not decide whether you get the passport; they only provide the factual information to the passport authority, which then acts according to the Passports Act.

FAQs people normally have

• Can the Passport Office deny renewal without a court order? Yes, based on the adverse police report and Section 6(2)(f) of the Passports Act, they can refuse renewal.
• Is a court’s NOC a guarantee that my passport will be renewed? Yes, once you have the court’s NOC, the Passport Office is generally bound to process your application, though they may still be subject to the conditions laid down by the court.
• Will I get a passport with full 10-year validity? Not necessarily. The court has the discretion to grant permission for a short-validity passport (e.g., for one or two years) and may restrict travel to specific countries.
• What happens if the court rejects my NOC application? You will not be able to renew your passport. Your legal remedy would be to challenge the trial court’s order in a higher court, such as the Sessions Court or the High Court.

What evidence is required?

When applying to the court for an NOC for passport renewal, you should submit the following:

• A copy of your passport renewal application form.
• An affidavit clearly stating the purpose of travel, your itinerary, and duration of stay abroad.
• A sworn undertaking that you will return to India to face the trial and will not misuse the liberty granted to you.
• Documentary evidence supporting your need for travel, such as an employment contract, a letter from your company, an invitation to a conference, or medical documents.
• Details of a local surety who is willing to guarantee your return.

How long will the investigation take?

The term “investigation” here refers to the court’s process for deciding your NOC application, not the criminal investigation, which is already complete if the case is in court. The timeline for obtaining an NOC from the court can vary significantly. It typically takes anywhere from two weeks to two months. The duration depends on factors like the court’s workload, the complexity of the criminal case, whether the prosecution or the complainant files a strong objection, and the arguments presented by your lawyer. Once the court grants the NOC, the passport renewal at the Passport Seva Kendra will follow its standard processing timeline.

Advocate Sudhir Rao, Supreme Court of India