Guidelines for Renewal and Re-Issuance of Passports to Indian Citizens Facing Pending Criminal Proceedings: Legal Principles and Directions from the Bombay High Court

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 26.08.2026

Guidelines for Renewal and Re-Issuance of Passports to Indian Citizens Facing Pending Criminal Proceedings: Legal Principles and Directions from the Bombay High Court

Passport renewal for Indian citizens involved in criminal proceedings has long been a complex issue, often leading to confusion, delays, and hardship. A recent judgment by the Bombay High Court provides much-needed clarity, balancing the right to personal liberty with the interests of justice. This article explores the key legal principles, statutory framework, and practical guidelines established by the Court for passport renewal in such cases.

Constitutional and Legal Framework

• Fundamental Right to Travel: The right to travel abroad is protected under Article 21 of the Constitution of India as part of the right to life and personal liberty. The Supreme Court has repeatedly affirmed that this right cannot be arbitrarily curtailed.
• Passports Act, 1967: This Act governs the issuance, renewal, and revocation of passports. Key sections include:
  • Section 5: Outlines the procedure for applying for a passport.
  • Section 6(2)(f): Allows refusal of a passport if criminal proceedings are pending against the applicant.
  • Section 10: Details the grounds and process for impounding or revoking a passport.
  • Section 22: Empowers the government to issue exemptions in public interest.
• Relevant Notifications and Office Memoranda:
  • GSR 570(E) Notification (25 August 1993): Exempts applicants with pending criminal cases from the bar under Section 6(2)(f) if they produce a court order permitting travel.
  • Office Memorandum (10 October 2019): Provides detailed instructions for processing passport applications where criminal proceedings are pending.

Key Judicial Observations

Supreme Court and High Court Rulings

• Not an Absolute Bar: The existence of pending criminal proceedings does not automatically disqualify a person from renewing their passport. The courts have clarified that Section 6(2)(f) is not an absolute bar, especially when the applicant is not seeking to travel abroad immediately.
• Role of the Criminal Court: The criminal court’s primary concern is to ensure the accused’s presence during trial. Permission to travel abroad is distinct from the right to hold a valid passport.
• Duration of Renewal: Unless otherwise directed by the court, passports should be renewed for the standard period (usually 10 years) as per Rule 12 of the Passport Rules, 1980.
• NOC/Permission: A No Objection Certificate (NOC) from the court is generally required only when the applicant seeks to travel abroad, not for mere renewal.

Practical Guidelines from the Bombay High Court Judgment

The Court issued several actionable suggestions to streamline the process:

1. Standard Renewal: Passport authorities should renew passports in accordance with Rule 12, unless a court order specifies otherwise.
2. Undertaking and Affidavit: Applicants must file an undertaking and affidavit, verified by the concerned criminal court, detailing all pending cases.
3. NOC Details: The NOC should include:
   • Case details and status
   • Stage of trial
   • Number of witnesses
   • Compliance with court orders
   • Attendance record of the accused
4. Serious Offences: For serious or economic offences, the court may scrutinize the application more closely and issue the NOC on its judicial side.
5. Fresh Passport Applications: For first-time applicants, the passport authority should not insist on a court NOC and must follow the standard procedure under the Act.
6. Exhausted Passports: If the passport booklet is exhausted, renewal should be processed without requiring a court NOC, subject to court orders regarding travel.
7. Travel Abroad: Even after renewal, the applicant must seek court permission before traveling abroad if restrictions are imposed.

Distinction Between Passport Renewal and Travel Permission

The judgment emphasizes that holding a valid passport and traveling abroad are separate issues:

• Renewal: The right to renew a passport is not automatically curtailed by pending criminal proceedings.
• Travel: Permission to leave the country is at the discretion of the criminal court, which may impose conditions to ensure the accused’s presence during trial.

Recommendations for Passport Authorities

• Avoid Unnecessary Objections: Passport authorities should not raise objections to renewal solely on the ground of pending criminal cases if the applicant complies with the Act and Rules.
• Fair and Transparent Process: As a state authority, the passport office must act fairly and transparently, minimizing inconvenience to citizens.
• Review of Notifications: The authorities are encouraged to reconsider existing notifications to further streamline the process and avoid unnecessary litigation.

Conclusion

The Bombay High Court’s judgment provides a balanced and practical approach to passport renewal for individuals facing criminal proceedings. By clarifying the roles of the passport authority and the criminal court, and by emphasizing procedural fairness, the Court has ensured that fundamental rights are protected while upholding the interests of justice. Applicants and legal practitioners should closely follow these guidelines to navigate the process efficiently.

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Source: Bombay High Court

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