NOC for Passport Under Section 6 of Passport Act: Essential Guide for Pending Criminal Cases

Introduction

Imagine needing to travel abroad for work, family, or medical reasons, only to find your passport application stalled due to ongoing criminal proceedings. A common question arises: No Objection Certificate for Issuing Passport under Section 6 of Passport Act – is it mandatory? This issue frequently surfaces when applicants face pending cases in Indian courts.

Under the Passports Act, 1967, authorities often require a No Objection Certificate (NOC) from the concerned court before issuing or renewing a passport. This blog post breaks down the legal framework, key provisions like Sections 6 and 22, relevant notifications, and court rulings. We'll explore why petitions challenging refusals are typically dismissed and what steps you can take. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.

Understanding the Requirement of NOC for Passport Issuance or Renewal

The Passports Act, 1967, governs passport-related matters in India. Section 6 outlines grounds for refusal of passports, including when criminal proceedings are pending. Specifically, Section 6(2)(f) allows refusal if proceedings for an offence involving moral turpitude are pending.

Courts have consistently held that obtaining an NOC from the court or authorities is a statutory requirement for passport renewal or issuance when criminal proceedings are pending. This aligns with the Act's provisions and related notifications. 2023 0 Supreme(UK) 590 2019 0 Supreme(All) 439

A key notification under Section 22, dated 25.08.1993 (GSR 570 E), modifies Section 6(2)(f). It states: Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court. 2024 0 Supreme(Mad) 225 2018 0 Supreme(Del) 3301

In one case, the petitioner applied for a fresh passport as pages were exhausted, but authorities directed him to obtain permission under Section 6(2)(f) read with Section 22 and the 1993 notification. 2024 0 Supreme(Mad) 225

Role of Section 22 in Overriding General Provisions

Legal Principles and Section 22 Powers

Section 22 empowers the government to issue notifications specifying conditions for passports, particularly for those with pending criminal cases. This effectively overrides general provisions under Section 7 regarding passport duration. 2015 0 Supreme(Del) 3092

Once issued, such a notification makes the applicant's entitlement subject to its conditions, including producing an NOC. Section 7 may not apply in these scenarios. 2015 0 Supreme(Del) 3092

The tatkaal scheme for urgent passports also relies on this framework, emphasizing truthful information and police reports, but pending cases still trigger NOC needs. 2018 0 Supreme(Del) 3301

Discretion of Courts and Passport Authorities

Passport authorities have broad discretion to withhold or refuse renewal if pending criminal cases exist, unless an NOC is produced or the court grants exemption. 2019 0 Supreme(All) 439 2017 0 Supreme(Kar) 1101

This discretion is backed by the statutory framework and notifications under Section 22. 2023 0 Supreme(UK) 590

In a writ petition under Article 226, the court directed: The petitioner to approach the concerned Court where the case is pending to seek permission to go abroad and for the issuance of an appropriate passport. The ratio decidendi was clear: passport issuance or renewal can only occur with the production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court. 2024 0 Supreme(Mad) 225

Impounding passports under Section 10(3)(e) is also relevant: The passport authority may impound or cause to be impounded or revoke a passport or travel document if proceedings in respect of an offence alleged to have been committed by the holder... is pending before a criminal court in India. 2018 0 Supreme(Bom) 715

However, prolonged retention without formal impounding is not permissible, and authorities must follow due process. 2018 0 Supreme(Bom) 715 2021 0 Supreme(Jhk) 561

Why Petitions Under Section 22 Are Often Dismissed

Courts dismiss petitions challenging passport refusals when applicants fail to produce an NOC or seek court exemption. This reaffirms compliance with statutory provisions. 2023 0 Supreme(UK) 590 2019 0 Supreme(All) 439

For instance, in cases involving cheque dishonour or cheating under NI Act and IPC, even if proceedings are quashed, failure to inform authorities properly can lead to continued restrictions. The Passport Act as a special law prevails. 2021 0 Supreme(Jhk) 561

Petitioners cannot bypass NOC by merely filing writs; they must first approach the trial court. Unless the notification is challenged successfully or exemption granted, authorities' decisions stand justified. 2015 0 Supreme(Del) 3092 2019 0 Supreme(All) 439

Exceptions, Challenges, and Practical Steps

While strict, exceptions exist:- Court Exemption: Seek permission from the trial court to travel abroad.- Challenge Notification: Petition higher courts to question Section 22 notifications, though success is rare.- Quashed Proceedings: If cases are quashed, promptly inform passport authorities with proof. Mere pendency of appeals doesn't justify withholding if the main case is resolved. 2021 0 Supreme(Jhk) 561

Recommendations:- Apply to the criminal court for NOC or travel permission first.- Provide all documents, including court orders, to passport authorities.- If impounded, request release post-proceedings or formal action under Section 10.- Adhere to bail conditions, as courts emphasize this. 2018 0 Supreme(Bom) 715

In urgent cases like tatkaal, accurate disclosure is crucial to avoid misrepresentation charges. 2018 0 Supreme(Del) 3301

Key Case Law Highlights

| Case Reference | Key Holding ||---------------|-------------|| 2024 0 Supreme(Mad) 225 | Writ disposed; approach trial court for permission when case pending. || 2015 0 Supreme(Del) 3092 | Section 22 notifications override; NOC mandatory. || 2018 0 Supreme(Bom) 715 | Passport return if no formal impounding; authorities can act later. || 2021 0 Supreme(Jhk) 561 | Passport Act special law; quashed proceedings allow release. |

These precedents underscore the balance between travel rights under Article 21 and public interest in pending prosecutions.

Conclusion and Key Takeaways

A petition under Section 22 of the Passport Act is likely to be dismissed if the petitioner fails to produce an NOC or seek exemption, as courts uphold statutory restrictions in pending criminal cases. 2023 0 Supreme(UK) 590 2019 0 Supreme(All) 439

Key Takeaways:- NOC from the concerned court is typically required under Section 6(2)(f) r/w Section 22 and GSR 570 E for pending cases.- Authorities' discretion to refuse/impound is wide but must follow procedure.- Approach trial court first; writs are secondary.- The legal framework prioritizes compliance to prevent absconding risks.

Travel aspirations need not be derailed—proactive steps with legal guidance can secure your passport. Always verify current notifications and consult professionals for personalized strategy.

Disclaimer: This article provides general insights from case law and statutes. Laws evolve, and outcomes depend on facts. Seek advice from a legal expert.