Passport Related Queries in Complex Cases
What is a Complex Case for Issuance/ Renewal of Passport?
The officers stationed at Passport Seva Kendra cannot handle specific cases, and the regional passport office has to be satisfied that certain formalities have been completed. These are complex cases before a passport can be issued/ renewed. The conditions which can be termed complex, amongst others, are:
- When an applicant has been convicted by a court in India or Abroad.
- When an applicant is facing a criminal case in an Indian court.
- When an applicant has a warrant or summons issued against him for facing a criminal trial or has an arrest warrant issued against him by a court in India.
- When an applicant has been imprisoned to serve a sentence within five years of the date of application.
- When an applicant has been prohibited from departing outside India by an Indian Court.
- When an applicant has been repatriated and has not made the reimbursement, the incurred expenditure is connected with the repatriation.
- When an applicant has returned to India through deportation from another country or EC or repatriation.
- When the applicant is a minor belonging to the state of Nagaland or Jammy & Kashmir.
- When the applicant is a minor belonging to divorced parents.
- When an applicant has changed their name except for married women who changed name owing to marriage.
- When an applicant’s parent has a foreign nationality.
- When an applicant’s photo ID has been compromised in the past, or there is a substantial change in their photograph from the past proofs.
- When an applicant wants reissuance of a Short Validity Passport.
- When an applicant’s current address is not in India.
- When an applicant has been denied a passport in the past.
- When an applicant’s earlier passport was revoked or impounded.
- When an applicant has applied or been granted asylum.
I have a criminal case like 498A pending against me, can I get a passport?
Yes, even when a person has a criminal case be it 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharariya Nyaya Sanhita, 2023) or any other pending against him, he can get a passport. For that two formalities have to be completed. A. The permission from the court as required under GSR70 dated 28.08.1993. A sample application is available here. B. He has to give a self-declaration detailing the case/spending against him/ her also an undertaking that s/he would appear before the court as and when required.
I got my passport issued even after a criminal case, but it is for One Year only. Why?
Per the Passport Act, if any criminal case is pending against anyone, s/he can get only a Short Validity Passport. Short Validity Passport is valid for a maximum of One year and has to be renewed every year till court cases last.
I got divorced/ facing divorce/ separated but not facing divorce. Will my Passport renewal application be a Complex Case?
No, not anymore. Until recently, it was treated as a complex case. However, after the latest circular dated December 23, 2016, the conditions have been liberalized. You can get the name of the spouse deleted by self-declaration of your status. The need for producing a divorce decree is deleted. However, if your declaration is false, you can face a penalty per the Passport Act.
I am facing divorce case or likely to go through the same or am just separated from my spouse and I have my minor child with me. I want to apply for minor’s passport. Is it a Complex Case? How can I get passport?
The rules have been relaxed for single parents, who were previously treated as complex cases. In the case of a divorced parent or a parent having custody of a minor without a court order, a declaration under Annexure C is still required. The RPO would deal with the application on merits. However, if you are a non-custodial parent and are threatened that the minor will be moved out of the country, you should seek a prohibition order from the court.
I have cases liked Divorce, CrPC 125 and Domestic Violence pending against me. Does it also fall under Complex Cases?
Divorce/ Child Custody, etc, are civil cases, and no permission is required from any court for the issuance/ renewal of a passport. However, CrPC 125 and Domestic Violence cases are quasi-criminal. As long as the court has not issued any warrants of attachment/ production against you, you don’t need any permission from the court to get a passport. But once a warrant has been issued and, though later cancelled, you must obtain permission from the court. Not getting such authorization would be lying on oath under the passport act and can attract penalty/ punishment.
I have criminal case pending but that is in foreign country? Will it also be a complex case?
No, the Passport office in India would not classify this as a complex case as long as there is no conviction order against you from any foreign court.
If you have any complex issues related to Passport renewal and need an answer, I suggest you contact me in person for advice on these matters.
71 Comments
Sir,
I was conviceted for an offence in abroad during a business visit and deported after 3 months sentence. I have no case agaist me in India. My passport is now expired and i have applied for fresh issue. The passport office accepted my application and status is showing awaiting police verification. Will there be any issue in getting passport?
Let the police verification get through. It doesn’t seem that you would face any problems if you have submitted all the requisite documents asked by the department.
Hello Sir,
My passport expiring with 1 year is approaching by end of month. So I will do passport renewal on the 1st day of 1 year expiring time. But I have false FIR filed with IPC 498A, 506, 294, 34 by my wife against me and my parents in India. My parents got bailed from court like 3 days ago and my warrant is kept on hold by my lawyer for next 3 months which can support my passport renewal process. This case is done in different state and I live in different state that means my city police station should not get the warrant. So do I need to mention in my passport renewal that I have these IPC section on me as it’s at very early stage and warrant is on hold, also court procedures haven’t started infront on judge?
Also, 3 months ago my wife approached NRI cell, National commissions for women’s and updated about the marriage dispute and they approached Chicago consulate with grievance, I got email for the response here, though My lawyer here responded then why is the consulate involved in family matters? I never got any response.
Will this point affect my passport renewal??
Hello Sir,
I have renewed my Indian passport from UK before couple of months ago. Already I received new passport in hand. But my post police verification has been failed because I have 498A case pending. This case had been filed by my brothers wife in 2015. Already they got divorced before 2 years. I haven’t included this while filing passport renewal form.
So in this case Can I travel to India and come back to UK on this new passport as I am settled in UK.
Or I need to take court permission from India and reapply for passport again while I will be in India?
Thanks for your reply.
Dipak
You will have to check through an advocate whether a LOC is open against you or not. Go through the link below to understand about LOC. For furhter consultation, feel free to call on the office no. 7428418261 for an appointment.
https://www.shoneekapoor.com/look-out-circular/
Sir I am an NRI, recently I have been issued a 41 a notice notice to appear before Kolkata cyber cell but I am not in India, I want to reissue my passport and I know there is a process to renew the passport from abroad will there be any issue when I am applying for passport
Please contact my office on +91-7428418261 regarding this.
Hi Tanuj,
Were you able to renew your passport ?
I have a criminal case under 506,509,294B,R/W 34, My passport is expiring and i have to travel outside. What all the possibilities to get my passport renewed and how I can travel please advise. Thanks in Advance.
You’ll have to apply for renewal of passport after taking court permission.
I am facing criminal court case under sec 406 and 408. The case is at evidence stage only, no charges have been framed so far. On my application for issuance of NOC for passport renewal, the court had given NOC without specify any time period. The passport office renewed for it for 1 year only. Now I have to apply again to court for NOC. How can I can get NOC from court specifying a longer period ?
You will have to file a fresh application in court regarding same.
hello sir
my wife has filled false cases on me and my family members under section 354(A), 506, 354(B), 509, 406, 34, 354, 498A along with a DV complaint under section 12 . still the court has to frame any charges in any of the above cases my passport is up for renewal in 2 months i will be declaring all the cases while filling the renewal form and will give a signed undertaking , but i have not been bound by court to travel abroad in any order . do i need court’s permission to renew the passport . please reply
Yes, you would be needing court permission as there are criminal cases against you.
Hell Sir ,
DV case is going on against me from last 1.3 years and there is an FIR against me with sections 498a, 509, 377,37,406 this FIR is still in police station charge sheet is not yet ready.my passport got expired can i go for passport renewal for long duration ? Do i need any NOC from the court or police station for the same ?
Yes, you’ll have to approach the court for passport renewal. Follow the link for more information https://www.shoneekapoor.com/passport-renewal-498a/
My wife has a court case pending trial but she had to surrender her passport to the court. Now the passport of my kids are due for renewal and the Passport Seva Kendra is asking for the original passport of my wife for the renewal of minor’s passport irrespective of furnishing Form D as well as she being present personally along with me for the reissue at the PSK. Kindly advise pls.
Thank You!
You may call my office on 7428418261 for an appointment, we can discuss this over a call.
I am a co-accused in a pending 498A case which is fake and filed by my brother’s wife after he filed for a divorce. I was accused as A4, brother A1, father A2 and mother A3 which has been pending for more than 5 years. I am trying to renew my passport since I plan to marry and join my fiance in 5 months who is currently based in England, UK. Should I mention in my passport application that I have a criminal case pending? Can the Passport Office deny me from renewing/reissuing my passport? If so, what should I do to get my passport renewed?
Please go through the link or feel free to contact me for an appointment. https://www.shoneekapoor.com/passport-renewal-498a/
can the high court grant me the permmission for renueal of passport and for applying the passport to my brother if i and my brother were named in 498A case, please let me know
regrds
Yes, you can apply for passport renewal through court permission.
If i have 498A, DV, 125, Pending in against me, may I go through with Passport Renewal in UAE. Can you please let me know in case of unconditional bail, & i am actively appearing need basis in court however required my Passport be renewed??
Yes, your passport can be renewed with court permission.
If I have a criminal case pending but I have an old court order of 2018 allowing me permission to renew my passport for 10 years
the same case was also discharged in 2012 for lack of evidence, then the opponent got an order from the Supreme Court to go through a trial,
after which I got permission in 2018 from the same court to renew my passport for 10 years but still the Police is asking for a fresh order again now
is a fresh order still required in 2023, can the police not take the old order of 2018 into consideration to renew my passport for 10 years? as once an order given by the concerned court is more than enough.
Will have to go through the orders and case files. You may contact my office on 7428418261 for an appointment.
Hello Sir, I have already obtained passport while 498a is pending but now after 8 months i have received SCN to give clarifications for not disclosing criminal case. How do i clarify them.
Would be needing more facts related to this. Contact my office on 7428418261 for an appointment.
I have been discharged from a criminal case against me as no evidence was found. The court order mentions that I have to submit PB and SB under 437 A CrPC on October 31. The lawyer has told me that he can get an early date to submit the bond.
However, I have applied for a passport, but the police verification report is pending at the regional passport office in Delhi
Which document should I get other than a court order to get a clear report? I have been asked to come to RPO for inquiry before the issuance of my passport
You can file a RTI application to the passport office for information regarding your passport. If there is a visit scheduled to the passport office, visit there with relevant documents related to the case.
Dear Sir,
Municipal Corporation, Navi Mumbai has filed a criminal case under Maharashtra Regional Town Planning Act, Sections 52&53 in 2018 . No plea recording / hearing held so far. The court has neither impounded existing passport nor asked for prior permission for foreign travel . The passport is due for renewal in November 2023. Please advise whether passport can be renewed on its own or Court permission is required. If Court permission is required , can the same be submitted after submission of Passport renewal application.
Regards.
In case of a pending criminal case you’ll have to apply for court permission.
Mr. Shonee Kapoor, a client of mine was deported from USA 9 years ago due to conviction. His Indian passport expired and he want to renew now, can he apply for renewal ? does he have to mention that he was deported ? in the application there was a question about “was the cost borne by the Government of India and if so, has the same been refunded?” I am helping him fill the application form but he does not know who paid for the deportation , how can we find this information ?
You may contact my office for an appointment call back.
I was convicted of an offence abroad in 1983. After completion of my sentence I was deported to India. I want to renew my passport. I am living abroad. Can the authorities refuse to renew my passport.
You should be applying for court permission for passport renewal.
Mere khilaf ndps case chal rha h mein apna passport renewal krwana chahta hu kaise hoga
Aapko court permision leni padegi. For further discussion please feel free to call us on 8010850498
Dear Sir,
for passport renewal do i need to mention about crpc 125 case which is only the case on me pending.
please reply.
Dear Sir,
There are 2 cases pending against me. DV-2005 is running in the court and 498A charge sheet has not been filed yet. I want to apply for fresh passport. Do i need to get permission from court? and do i need to get permission from the police station or i just mention the details of 498a as the charge sheet has not been filed? If i apply to get the permission from court can my wife create any problem for me to stop me from getting the passport?
You would need permission from court in which 498A is filed.
Dear Mr Kapoor
I needed some advice from you. I have a criminal case going on where in I am the defendant and the accused has cheated us for a huge sum of money. We have recently won the civil matter in high court and criminal matter is at the last stage. My question is that .. the accused was arrested in 2013 and was released on bail provided he surrendered his passport. Now recently we got to know through the judicial clerk that there is no record showing him surrendering the passport but there is one single PDF page on their computer saying it was released to him in 2014 and again there is no record of him surrendering it back. His entire file seems to be missing an then in 2014 he has had a new passport issued with 10 years validity under the Tatkal scheme. Is this even possible that a passport office will issue long validity passport more than 1 year for an applicant who has on going criminal not one not 2 but multiple cases (at least 7 criminal cases). As per your knowledge do you think he has filled his passport form truthfully by declaring his criminal background or on going cases.
Sir your kind guidance and advice will be much appreciated
Thanking you in advance
sir I applied for renewal of my passport. I had two criminal cases against me which were false and disposed by the court but I don’t have the judgement copy. I applied for it in the court and it will take a long time informed by court staff but now I got a show cause notice from RPO. I already got my passport and today I went to the RPO and described the situation but the officer told without the judgement copy my passport will be impounded.
sir please suggest me what should I do?
Get certified copy of the orders and deposit it. Take some time from RPO
Dear Sir, I have applied for passport renewal and there was a case 16 years back which i wasn’t aware off was sent in the police verification. Now I’m unable to trace any documents related to that case to get a certified copy form Court.. Is there any why if i can still get a passport
Yes. You can apply in trial court for permission to renew the passport
Dear sir,
There is a judgement by Bombay High court(Samip Nitin Ranjani vs Union of India) where court renewed the passport for a person with pending criminal charges for 10 years. Do we have any more such judgements which can be used to get the passport renewed for common man for 10 years (and not 1 year).
I have not seen that judgment. Can you send it to me.
Very interested and useful and also more public are practically facing this problem.do the above discussion is very important and needed
Dear Sir,
My wife filed false 498A case against me and my relatives. Charge sheet filed in district court. We attended the court in Sept 2017, next hearing date I Sept 2018. My passport going to be expire on 30-06-2018 and I have to travel to abroad for official work. I got format of seeking court permission for renewal of passport. My doubt do I need to take permission for abroad travel, because I did not get any instructions from court not leave the India. Please suggests.
If there is no restriction you may travel. But for passport renewal you would require court permission
Hello Mr Kapoor,
I need your advice – i have 498A and a DV case pending against me – all were filed by my wife after I filed for divorce. I took permission in all cases in 2015 to get my passport renewed which had expired. The passport number was ‘G11…” This passport expired again in 1 year in Jan’17 and I need to get it renewed. Currently, all cases have been stayed by the High Court as I had filed quashing petition against those cases. When I applied for fresh permission from the lower court this time, they say we cannot issue any new order as the case is stayed by the High Court. My lawyers say that approaching the high court is risky as while passport renewal permission may be granted, the High Court may un-stay the cases and allow proceedings to resume which can be a great problem.
So how do I get my passport renewed again? Can I use the older court order issued in 2015 for renewal again this time? The problem is that those court orders say that I am allowed to renew my passport number “G11…” expired in Jan’15, while this time I have to get my new passport “Z11…” issued after that order and has now expired. So I am not sure if the Passport Office will consider the older court order to renew my passport. Can you please advise what I should do?
Many thanks and Regard for your help.
I have submitted my judgment copy in passport office one month before but still waiting for passport renewal( PP application status showing as application is under review in PP office)
Kindly advise me that when I will get my renewed passport
I have submitted court judgement papper, police verification is clear,sp office verification done 2nd time my court judgement papper but still pending my passport renewal 100 days gone my visa expired what is next step to
Please be clear with your query or call on the 8010850498 for an appointment.
Hello sir,
I got 498A, 406, 506 & 323 registered against me and my parents as soon as I filed for divorce. Then 3 months later DV case was also filed. Now charge sheet is produced by the I.O. with 498A and 406 against me only. My parents are excluded.
So now I have dates for each case i.e. Divorce, 498A &406, DV.
my passport is getting expired in less than a month and my company wants to send me for a project outside India. In order to renew my passport, what procedure I should follow ?
Should I apply as normal process mentioning all the details in the respective section against me or should I do something in court first and then to apply for renewal application?
Kindly guide please.
Please go through the link for detailed information https://www.shoneekapoor.com/passport-renewal-498a/
Please follow the link to get information on passport renewal https://www.shoneekapoor.com/passport-renewal-498a/
Actually, I have been convicted with 498 A of IPC for 3 years in lower court but i have Appealed in High court and my passport is about to expire by 2021, so my passport can be renewed. or i have to get permission from HC. please advice if possible.
If the passport is expiring in 2021, why to get the same renewed now. Just wait till HC judgment is delivered.
Hello sir. I was convicted in cheating case in vyapam case and after that i was expelled from mbbs 10 years ago. The arrests have been made but the case is still pending and has names of students like myself. Is this a complex condition or can I apply for passport renewal?
You can apply for passport renewal for sure. If the department doesn’t approve you can approach the court for same.
I have a High Court order, to renew my Passport without further delay, the order was of 2016 after which 2 times my passport was renewed, as the order reamins same and no
cancellation/modification has been done on the same order.
But when this year I went to renew the third time for short validity the officer is asking me to get a new court order since I have travelled abroad, it is reallly required a fresh order? when I already have a HC order, which still stands the same and no further order has been passed in the same case, and the case is not even on hearing stage yet?
It has to be done as per the direction of RPO
I have been acquitted in lower court for 498a and case is before high Court for appeal by opponent. Do I require to seek permission from court for renewal or mention the same in application?
There was a judgement by one of the High Courts favouring passport renewals if 498a is pending. Can you please share the link or citation if you have it.
Thank you for all your efforts even after you are free of the hassles we all are going thru.
Cheers!
Harsh
Even the SC in Rajesh Kumar Vs State of UP has held the same. The judgment is available on my website.
Need help.. Me and my family facing 498a where my brother, sister and mother got stay order from high court. Proceeding against me is in trial court.
My brother wants to travel abroad for vacation with his family but his passport got expired. During 498a bail at police station it was mentioned not to leave country without prior permission.
During passport police verification they reported criminal case is pending against him, even he submitted stay order copy passport office is asking to get the written letter from ookicoor court.
Question : whom should we approach in this situation, police is telling to go to court, advocate is telling it’s not trial court as his name is not in current proceeding in trial court.
High court advocate suggest to first approach trial court.
Whom should we approach and is there any specific section we should be mentioning?
Your brother will have to take the permission of court for renewal of passport. For more information please follow the link https://www.shoneekapoor.com/passport-renewal-498a/
Thanks sir
Thanks Sir..
Very useful article of people stuck in matrimonial disputes..