Indian Passport with Criminal Record: Eligibility & Rules

Don't assume a past criminal record means you cannot apply for an Indian passport. You can apply, but eligibility depends on your individual circumstances and criminal case: whether it is pending before a court, whether you have a sentence, and whether any court or travel restrictions apply.

Under the Passport Act, 1967, you can obtain an Indian passport even if you have a criminal record. Some applicants can apply, while others need court permission for their application to be processed.

In this blog, we'll explain how to get an Indian passport with criminal record and how a criminal conviction or travel restriction affects the passport application process.

How Does a Criminal Record Affect Indian Passport Eligibility?

If an individual has a criminal record, the Passport Act, 1967, allows the passport authority to cancel their passport. If an individual is associated with criminal cases or pending proceedings, Section 6(2) applies.

For the criminal record, two provisions are generally considered mandatory.

Section 6(2)(e): Some of the criminal convictions.

This provision covers an applicant convicted by a court in India at any time during the five years immediately preceding the application. This includes convictions involving moral turpitude and sentences of imprisonment for less than 2 years.

Section 6(2)(f): For pending criminal Proceedings

This provision applies when an applicant's case is pending before a court in India. This provision does not guarantee entry, a police complaint, an FIR, or a passport refusal. If you provide all valid supporting documents, it will be examined under applicable rules.

Can You Get an Indian Passport in Different Criminal Record Conditions?

Here are the different criminal record situations that determine whether you can apply for an Indian passport.

1. If you have an FIR

If an FIR is filed against you, your passport eligibility depends on your individual circumstances, the applicable legal provision, and any relevant court orders.

If an FIR is registered against you, consider the following distinctions.

FIR registered but no criminal proceedings 

• If an FIR is registered against an individual, it does not automatically mean a criminal conviction or a pending case.

Investigation under process

• If your criminal case is under process and the police are investigating it, it does not mean you are guilty. Do not answer the applicant's question; seek professional advice.

Charge sheet filed, but proceedings are pending before the court

• In this situation, section 6(2)(f) becomes more relevant, depending on the case's procedural status.

The court issued summons warrants, summons, or departure restrictions 

• The applicant needs to review all of these before planning or making travel arrangements.

Applicants should not assume their Indian passport eligibility is canceled simply because of criminal proceedings. They need to wait for the passport authority's decision.

Provide accurate information, as incorrect details can complicate your passport proceedings if you have a criminal record.

2. If there is a Criminal case pending before court

A pending criminal case can complicate passport application processing under section 6(2)(F) of the Passport Act, 1967. The passport authority will consider the case in response to the offense before the court in India.

Do not assume that a pending criminal case makes you ineligible for an Indian passport application.

The Government of India issued GSR 570(E) on 25 August 1993, which also addresses criminals in court proceedings with pending criminal cases. However, it is subject to applicable conditions, and an exemption requires an order from the relevant court allowing the applicant to depart India.

Depending on the case, applicants need to provide the following:

• To review the current status of the criminal proceedings.
• Get a lawyer's assistance to obtain the appropriate court order.
• Receive the order, which permits you to leave India for your destination country.
• Prepare all supporting documents for an Indian passport application with a criminal record.
• Submit the passport application according to the passport authority's rules and guidelines.

Carefully review the court order and understand the conditions imposed. Permission to apply for an Indian passport does not guarantee approval. The authorities will make the final decision after verifying the documents and application.

You can also read the Ministry of External Affairs' official memorandum on passport applications related to pending criminal proceedings and the applicable Passport Seva guidance on complex cases.

3. If You Have Been Convicted of a Crime

If you have been convicted of a crime, it may affect your eligibility for a passport. However, many legal outcomes depend on the offense, the sentence, the date of conviction, and other circumstances.

Under the Passport Act, 1967, section 6(2)(e) specifically addresses convictions involving turpitude where the sentence in the criminal case is not less than 2 years, and the conviction falls within the 5-year period.

This means not every criminal conviction falls under the provision. However, legal restrictions and the circumstances of the conviction may still affect whether you can apply.

Here are some of the things that you need to review before applying for an Indian passport after getting a conviction in India:

• The actual offense for which you have been convicted in India.
• The sentence the court imposed.
• Date of conviction and, if applicable, the five-year period.
• Check whether an appeal, sentence suspension, or any court order has been issued.
• Check for any warrant, bail, or any travel restrictions in force.
• Check whether a passport authority has requested any additional documents.

Do not assume that filing an appeal will remove passport restrictions. The appeal's effect depends on applicable laws and rules, as well as the court order.

Seek help from a professional lawyer, as they can help you resolve this matter more quickly and smoothly instead of waiting for the next step.

4. If you have been found not guilty or discharged

If the court closes the proceeding with a not-guilty verdict or a discharge, it will help the applicant apply for an Indian passport. However, a discharge or acquittal does not automatically mean the court will approve your Indian passport. The final decision will depend on the relevant order and the procedural history.

Keep all court orders and copies of documents related to this matter, and confirm the following before applying:

• If your criminal proceedings are formally concluded.
• Check whether an appeal or the criminal proceedings remain.
• Check for a warrant or travel restrictions.
• Check whether a passport authority needs a copy of the court's final order.

If an applicant is found not guilty or is charged in criminal proceedings, they must submit all supporting documents the authorities request for an Indian passport application with a criminal record.

5. Court Issues Summons, Arrest Warrants, or Travel Restrictions

If an Indian court issues a summons, arrest warrant, or travel restriction, it can adversely affect your Indian passport application process if you have a criminal record.

Legally, it depends on the type of order, the applicant's status, and applicable Indian law. If you receive one, consult a professional consultant or lawyer for expert advice on next steps.

What Indian Passport and Criminal Record Documents do you need?

Here are some documents you may need to submit for an Indian passport with a criminal record, depending on your legal status and the individual case, whether you are applying for a fresh Indian passport or a passport re-issue.

Depending on your circumstances, you will need to submit the following document:

• You must submit valid court permission to depart India under the applicable exemption framework.
• If bail has been granted, you must provide the following document, based on the condition relevant to your application or travel.
• Submit all case-related supporting documents, including the criminal proceedings and pending conclusions.
• Submit the final court order or judgment for acquittal, discharge, conviction, or other final outcome.
• Provide all standard documents for an Indian passport application with a criminal record.
• If the authorities re-verify it, you will also need to provide additional supporting documents for your fresh passport or re-issue passport application.

The Indian passport authority provides this checklist for applicants with a criminal record. So, check this checklist of applicable documents before applying for an Indian passport with a criminal record.

What is the Process to Apply for an Indian Passport with a Criminal Record?

Here is a simple, step-by-step process for applying for an Indian passport with a criminal record.

Step 1: Confirm your legal status, whether your matter is concluded, pending in court, or under investigation.

Step 2: Check relevant court restrictions and review bail conditions, summonses, arrest warrants, or travel restrictions.

Step 3: Verify your passport details and requirements, and consult the Passport Act, Passport Seva guidelines, and government advice.

Step 4: Complete your online Indian passport application, including your criminal record. Make sure you provide all required documents correctly.

Step 5: If authorities ask for additional supporting documents, respond quickly and provide the appropriate documents.

For more details, visit the official Passport Seva portal and review the application guidance to ensure a smooth process.

Can You Apply for a Tatkaal Passport If You Have a Criminal Case?

You can apply for a Tatkaal passport, which provides faster processing. However, you must first meet all eligibility criteria to apply for the Tatkaal passport.

Applicants with a criminal case are not eligible to apply for a Tatkaal passport if they fall under section 6(2)(e) or section 6(2)(f), which address pending criminal cases and criminal convictions. Under the Tatkaal passport application scheme.

So, when applying for a Tatkaal passport with a criminal case, review all documents and information carefully and follow all applicable guidelines and instructions provided by the passport authority.

For the latest Tatkaal passport eligibility, visit the official passport service portal and check the eligibility criteria, fees, process, documents, and other required information.

What to do if your Passport Application has been Refused?

If your passport application has been refused because of a criminal case, follow and read all instructions from the passport authority for an Indian passport application with a criminal record. You must follow the legal provisions and provide all the specific documents the authority requests.

According to your reason, the next step will be:

• To clarify the refusal of your Indian passport due to a criminal record.
• Review the current court record and any outstanding restrictions.
• Provide the missing documents and court orders if required.
• Get advice from an expert lawyer about your application or pending case.
• Follow all the guidelines and instructions from the passport authority.

A passport application rejected because of a criminal record does not mean you are permanently barred from applying for future passports.

Final Thoughts

A criminal record does not automatically prevent you from applying for an Indian Passport. It depends on the criminal offense, court proceedings, conviction, and FIR, as well as travel restrictions, which may have different legal consequences for an Indian passport holder with a criminal record.

To check the current status of your Indian criminal case proceedings, you need to understand the Passport Act provisions and obtain any relevant court permission before the proceedings. If you are unsure, consult an expert lawyer for your pending or criminal case, and check all applicable Passport Seva requirements.

For help, you can contact Visament agents, who will help you complete documentation smoothly and meet eligibility criteria. Applying through us also gives you a verified professional lawyer to consult and get quick, easy solutions.