PASSPORTS ACT, 1967
(1) This Act may be called the Passports Act, 1967.
(2) It extends to the whole of India and applies also to citizens of India who are outside India.
In this Act, unless the context otherwise requires,--
(a) "departure", with its grammatical variations and cognate expressions, means departure from India by water, land or air;
(b) "passport" means a passport issued or deemed to have been issued under this Act;
(c) "passport authority" means an officer or authority empowered under rules made under this Act to issue passports or travel documents and includes the Central Government;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "travel document" means a travel document issued or deemed to have been issued under this Act.
Section 2 of the Passports Act, 1967, provides definitions crucial for understanding the scope and application of the Act. It lays down the fundamental terms that underpin the entire legal framework governing passports and travel documents in India.
Section 2 of the Passports Act, 1967, defines key terms such as:- "Passport" – a travel document issued under the Act.- "Travel document" – includes any document issued for the purpose of international travel.- "Passport authority" – the person or office authorized to issue passports.- "Departure" – leaving India, whether by land, sea, or air.- "Issue" – the act of granting a passport or travel document.- "Indian citizen" – persons recognized under Indian law as citizens.
These definitions set the foundation for interpreting other provisions of the Act.
Section 2’s scope is broad, as it encompasses:- All types of passports and travel documents issued by Indian authorities.- The legal framework for issuance, cancellation, revocation, and regulation of passports.- The procedural scope for Indian citizens and foreigners within Indian jurisdiction.- The definitions applicable to various sections of the Act, ensuring uniform interpretation.
While Section 2 itself deals solely with definitions and does not prescribe punishments, violations of the Act’s provisions (such as issuing passports illegally or violating conditions of travel) are punishable under other sections like Section 13, which deals with offences and penalties.
Section 2 of the Passports Act, 1967, provides essential definitions that underpin the entire legal regime governing passports in India. These definitions ensure clarity, consistency, and legal certainty, facilitating effective enforcement and adjudication of passport-related matters.
This concise commentary emphasizes the foundational role of Section 2 in the legal architecture of the Passports Act, 1967, and synthesizes insights from the provided sources.
No person shall depart from, or attempt to depart from India, unless he holds in this behalf a valid passport or travel document.
Explanation.--For the purposes of this section,--
(a) "passport" includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into India) Act, 1920 (34 of 1920), in respect of the class of passports to which it belongs;
(b) "travel document" includes a travel document which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed.
Section 3 of the Passports Act, 1967, is the fundamental provision that mandates the requirement of a valid passport or travel document for Indian citizens and certain other persons to depart from India. It forms the core legal basis regulating international travel and the issuance of travel documents in India.
Section 3 states that no person shall depart from, or attempt to depart from, India unless they hold a valid passport or travel document issued under the Act. It emphasizes that such travel documents are essential for lawful international departure and entry.
While Section 3 itself primarily imposes a prohibition, violations can lead to criminal penalties under the Act or related laws:- Offence: Departing without a valid passport or attempting to do so.- Penalties: Imprisonment, fines, or both, as prescribed under the Act or applicable laws for contravention.- Legal consequences: Such violations can also lead to detention or refusal of re-issuance of passports, and may impact future travel rights.
(1) The following classes of passports may be issued under this Act, namely:--
(a) ordinary passport;
(b) official passport;
(c) diplomatic passport.
(2) The following classes of travel documents may be issued under this Act, namely:--
(a) emergency certificate authorising a person to enter India;
(b) certificate of identity for the purpose of establishing the identity of a person;
(c) such other certificate or document as may be prescribed.
(3) The Central Government shall, in consonance with the usage and practice followed by it in this behalf, prescribe the classes of p
1[(1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by2[such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents].
Explanation.--In this section, "named foreign country" means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.
(1A) An application for the issue of--
(i) a passport under this Act for visiting a named foreign country; or
(ii) a travel document under
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make as endorsement for visiting any country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely.--
(a) that the applicant may, or is likely to, engage in such country activities prejudicial to the sovereignty and integrity of India;
(b) that the presence of the applicant in such country may, or is likely t be detrimental to the security of India;
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country;
(d) that in the opinion of the Central Government the presence of the applicant in
A passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided that a passport or travel document may be issued for a shorter period than the prescribed period--
(a) if the person by whom it is required so desires; or
(b) if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period.
1Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writing otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and the provisions of this Act shall apply to such extension as they apply to the issue thereof.]
______________________
1. Substituted by Act 31 of 1993, section 3, for section 8 (w.e.f. 1-7-1993).
Section 8 of the Passport Act, 1967, deals with the extension of the validity period of a passport issued for a shorter duration than the prescribed period. This provision ensures that citizens can seek renewal or extension of their passports, especially when initial issuance was for a limited period due to specific circumstances, pending further legal or administrative processes.
Section 8 states that if a passport is issued for a shorter period than the prescribed period under Section 7, such shorter period can be extended for a further period, which together with the original period shall not exceed the prescribed duration. The extension is subject to conditions and can be granted upon application, provided the initial issuance was for a shorter term.
Section 8 primarily applies to passports issued for a shorter period than the maximum validity (generally 10 years for ordinary passports). It provides a mechanism for citizens to extend the validity without the need for re-application, provided they meet the conditions. It is especially relevant when passports are issued for temporary purposes, pending certain legal or administrative processes, or due to restrictions imposed under specific circumstances.
While Section 8 itself does not prescribe punishment, contravention of its provisions—such as falsely claiming eligibility for extension or submitting false documents—may attract penalties under the general provisions of the Passports Act, 1967, including imprisonment and fines as per Sections 12, 13, or 14 of the Act, or other applicable penal provisions.
"Right to extend passport" - Section 8 provides a statutory right for citizens to seek extension of a passport issued for a shorter period, ensuring flexibility and continuity in travel rights [Mohd. Bin Qasim VS Union Of India].
"Discretionary power" - The extension under Section 8 is at the discretion of the passport authority, which must consider the applicant’s eligibility and compliance with procedural rules [Union of India VS Sunil Kumar].
"Limit on total validity" - The combined period of initial issuance and extension cannot exceed the maximum prescribed validity period, typically 10 years for ordinary passports [Nizamuddin Khan Dilawer Khan S/o Yasin Khan Dilawar Khan vs State Of Rajasthan, Through Pp].
"Application procedure" - The applicant must file a proper application for extension before the passport’s expiry, fulfilling any requirements stipulated by the passport authority [MUKHVINDER SINGH VS UNION OF INDIA].
"No automatic extension" - The law does not mandate automatic extension; approval depends on the applicant’s adherence to rules and submission of valid documents [Asutosh Amrit Patnaik VS State Of Orissa. ].
"Legal interpretation" - Courts have consistently interpreted Section 8 as a procedural safeguard, ensuring citizens’ right to extend passports while maintaining control over maximum validity periods [Sikandar Khan VS Union of India].
"Relation with Section 7" - Section 8 complements Section 7, which prescribes the maximum validity period; together, they facilitate renewal and extension processes [Pramod Kumar VS State Rep. By The Additional Superintendent of Police, Chennai].
"Procedural safeguards" - The passport authority must follow due process, including recording reasons for refusal or denial of extension, aligning with principles of natural justice [Teesta Chattoraj VS Union Of India].
"Legal authority" - The authority to grant extensions under Section 8 is vested in the passport officer, who must act within the bounds of law and rules [00500020392].
"Restrictions and conditions" - Extensions are subject to conditions such as no pending criminal proceedings, no violation of visa conditions, and compliance with procedural norms [Virendra Singh, S/o. Shri Bhikh Singh VS Union of India].
"Legal precedence" - Judicial decisions have reinforced that passport extensions are a statutory right, but must be exercised in accordance with law, and arbitrary denial can be challenged [Sikandar Khan VS Union of India].
"Implication for travelers" - Citizens facing legal restrictions or pending proceedings should seek extensions proactively, as denial or delay may infringe upon their fundamental rights [Mohd. Bin Qasim VS Union Of India].
"Relation to fundamental rights" - The right to travel and seek extension of passport is linked to Article 21 of the Constitution, which guarantees personal liberty, subject to reasonable restrictions [ABHISHEK TIWARI VS UNION OF INDIA].
"Legal safeguards against misuse" - Any attempt to misuse Section 8 by submitting false documents or misrepresenting facts can lead to penal action under the Passports Act and IPC .
"Judicial oversight" - Courts have held that the exercise of powers under Section 8 must be reasonable, non-arbitrary, and based on factual and procedural correctness [B. Ranjitha VS Secretary to Government of India, Ministry of External Affairs, New Delhi].
"No automatic renewal" - The law emphasizes that extension is not a right but a privilege that depends on compliance with procedural norms and lawful grounds [Ranjeet VS State of U. P. ].
"Legal remedy" - Citizens aggrieved by wrongful denial or delay in extension can approach courts for judicial review, claiming violation of their rights under Articles 14 and 21 [Union of India VS Sunil Kumar].
"Integration with other provisions" - Section 8 works in tandem with Sections 7, 10, and 10A, forming a comprehensive framework for passport validity, extension, impounding, and suspension [Sikandar Khan VS Union of India].
Section 8 of the Passports Act, 1967, provides a vital legal mechanism for extending passports issued for shorter durations, safeguarding citizens’ travel rights while ensuring procedural compliance. Judicial pronouncements affirm that extensions are rights subject to lawful exercise, emphasizing fairness, transparency, and adherence to statutory procedures. Any abuse or arbitrary denial can be challenged before courts, reinforcing the fundamental rights intertwined with passport issuance and renewal.
The conditions subject to which, and the form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed:
Provided that different conditions and different forms may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided further that a passport or travel document may contain in addition to the prescribed conditions such other conditions as the passport authority may, with the previous approval of the Central Government, impose in any particular case.
(1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport
1[10A. Suspension of passports or travel documents in certain cases
(1) Without prejudice to the generality of the provisions contained in section 10, if the Central Government or any designated officer is satisfied that the passport or travel document is likely to be impounded or caused to be impounded or revoked under clause (c) of sub-section (3) of section 10 and it is necessary in the public interest so to do, it or he may,--
(a) by order, suspend, with immediate effect, any passport or travel document;
(b) pass such other appropriate order which may have the effect of rendering any passport or travel document invalid,
for a period not exceeding four weeks:
Provided that the Central Government or the
Every intimation given by the Central Government or the designated officer, before the commencement of the Passports (Amendment) Act, 2002, to any immigration authority at an airport or any other point of embarkation or immigration, restricting or in any manner prohibiting the departure from India of any holder of the passport or travel document under sub-section (3) of section 10, shall be deemed to be an order under sub-section (1) of section 10A and such order shall continue to be in force for a period of three months from the date of commencement of the Passports (Amendment) Act, 2002, or the date of giving such intimation, whichever is later.
Explanation.--For the purposes of sections 10A and 10B, the expression "designated officer" means such officer or authority designated, by order in writing, as such by the Central Government.]
(1) Any person aggrieved by an order of the passport authority under clause (b) or clause (c) of sub-section (2) of section 5 or clause (b) of the proviso to section 7 or sub-section (1), or sub-section (3) of section 10 or by an order under sub-section (6) of section 10 of the authority to whom the passport authority is subordinate, may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by the Central Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:
Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appellant satisfies the a
(1) Whoever--
(a) contravenes the provisions of section 3; or
(b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or
(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued to him;
&nbs
Section 12 of the Passports Act, 1967, delineates the offences and penalties related to the misuse, false information, or contravention of provisions concerning passports and travel documents. It serves as a statutory safeguard to ensure the integrity of passport issuance and usage and to prevent illegal activities such as forgery, impersonation, and misrepresentation.
Section 12 prescribes specific offences, including:- Furnishing false or suppressed information with the intent to procure a passport or travel document.- Altering or causing to alter entries in a passport or travel document.- Using or allowing the use of another person's passport.- Not surrendering a passport upon acquiring foreign nationality or upon request by authorities.- Penalties include imprisonment for up to two years, fines, or both.
Additionally, sub-sections extend penalties for abetment and related offences, emphasizing the importance of lawful procedures in passport matters.
"Material concealment" - Furnishing false or suppressed information regarding identity or nationality constitutes an offence under Section 12, provided such information is material to the passport issuance process [Honey Sharma VS State Govt. of NCT of Delhi].
"Knowledge and intent" - The offence requires the accused to knowingly furnish false information; mere accidental or unintentional errors do not attract liability [Abdul Majeed S/o Hamza VS State of Kerala].
"Forgery and forgery-related acts" - Forging passports or altering entries with dishonest intent are distinct offences but may intersect with Section 12 if used to procure or misuse passports [Mariam Fasihuddin VS State by Adugodi Police Station].
"Use of another's passport" - Employing someone else's passport or allowing its use is punishable under Section 12(1)(d) and is a separate offence from forgery or false information [Safeed P.A., S/o. P. Abdul Razack vs Passport Officer, Regional Passport Office, Panampilly Nagar, P.O, Ernakulam].
"Attempt to procure passports illegally" - Acts such as impersonation, suppression of facts, or submitting forged documents with the intent to deceive authorities are punishable under Section 12 [Mohammad Rahim Ashori VS State of Haryana].
"Abetment and conspiracy" - Abetting or conspiring to commit offences under Section 12 attracts penal sanctions, emphasizing collective responsibility [State of Uttarakhand VS Abid Ali @ Asad Ali @ Ajit Singh @ Abu Bakar].
"Offences outside India" - Indian citizens involved in passport-related offences abroad can be tried under the Act, highlighting its extraterritorial applicability [LALITHA LAKSHMANAN VS CBI].
"Penalty and imprisonment" - The maximum imprisonment for offences under Section 12 is two years, with fines up to five thousand rupees, indicating the gravity of such violations but also their non-cognizable nature [Chonary VS Special Police Establishment C. B. I. ].
"Procedural safeguards" - The section mandates that prosecution can only be initiated with prior sanction from the competent authority, ensuring procedural fairness [Citizens Legal Right Association VS Union of India].
"Misuse of passport after acquisition of foreign nationality" - Section 12(1)(a) and 12(1)(b) also target those who acquire foreign citizenship and fail to surrender their Indian passport, with penalties for non-compliance [Aravinth Ramalingam VS FRRO-Foreigners Regional Registration Office].
"Surrender of passports" - Citizens who acquire foreign nationality are legally bound to surrender their Indian passports; failure to do so constitutes an offence under Section 12 [State through Superintendent of Police, CBI/SIT etc. VS Nalini, etc. etc. ].
"Forgery and false documentation" - Acts involving forging or falsification of documents, including passports, are prosecutable under the IPC and the Passports Act, especially if used to deceive authorities [Mariam Fasihuddin VS State by Adugodi Police Station].
"Legal safeguard against false accusations" - The requirement of prior sanction and the specific nature of offences under Section 12 act as safeguards against frivolous prosecutions [Citizens Legal Right Association VS Union of India].
"Protection of genuine applicants" - The law distinguishes between genuine errors and deliberate falsehoods, ensuring that innocent applicants are protected from undue penal action [Golla Syamala VS State of AP. ].
"Interaction with other laws" - Section 12 offences often intersect with IPC provisions like cheating, forgery, and conspiracy, necessitating a comprehensive legal approach [Madas Venkat Goud VS State of Andhra Pradesh].
"Legal remedies" - Courts have the authority to quash proceedings if procedural requirements, such as prior sanction, are not met or if there is no material evidence of wrongdoing [Kajal Naresh Kumar D/O Naresh Kumar VS Union Of India Ministry Of External Affairs].
"Fundamental rights considerations" - Any deprivation of a passport or criminal proceedings must adhere to constitutional protections under Articles 21 and 22, ensuring procedural fairness and liberty [00200030661].
"Administrative discretion" - The section emphasizes that actions such as impounding or refusing passports must be based on lawful orders and proper evidence, preventing arbitrary exercise of power [Virendra Singh, S/o. Shri Bhikh Singh VS Union of India].
Section 12 of the Passports Act, 1967, criminalizes acts involving false information, forgery, and misuse of passports, with specified penalties. Its scope extends to acts committed within and outside India, involving Indian citizens and entities. The section underscores procedural safeguards, including prior sanction, and interacts with other criminal laws to address complex offences like impersonation, forgery, and illegal travel. Courts have consistently held that procedural violations or lack of evidence can lead to quashing of proceedings, safeguarding individual rights under constitutional provisions.
**
(1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any1[officer of police or emigration officer] not below the rank of a sub-inspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest police station and the provisions of2[section 57 of the Code of Criminal Procedure, 1973 (2 of 1974)], shall, so far as may be, apply in case of any such arrest.
______________________
&nb
(1) Any officer of customs empowered by a general or special order of the Central Government in this behalf and any 1[officer of police or emigration officer] not below the rank of a sub-inspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12.
(2) The provisions of the1[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches and seizures shall, so far as may be, apply to searches and seizures under this section.
______________________
1. Substituted by Act 31 of 1978, section 4, for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 8-8-1978).
No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf.
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done under this Act.
A passport or travel document issued under this Act shall at all times remain the property of the Central Government.
[Omitted by Act 35 of 1993, Section 8 (w.e.f. 1-7-1993).
Upon the issue of a notification by the Central Government that a foreign country is--
(a) a country which is committing external aggression against India; or
(b) a country assisting the country committing external aggression against India; or
(c) a country where armed hostilities are in progress; or
(d) a country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government of India.
a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority.
Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public interest.
The Central Government may, by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under this Act other than the power under clause (d) of subsection (1) of section 6 or the power under clause (1) of sub-section (2) of that section or the power under section 24, may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed--
(a) by such officer or authority subordinate to the Central Government; or
(b) by any State Government or by any officer or authority subordinate to such Government; or
(c) in any foreign country in which there is no diplomatic mission of India, by such foreign Consular Officer;
as may be spec
Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,--
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and
(b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions.
The provisions of this Act shall be in addition to and not in derogation of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920),1[the Emigration Act, 1983 (31 of 1983)], the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946),2[***] the Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947 (16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962),3[the Foreign Exchange Regulation Act, 1973 (46 of 1973)] and other enactments relating to foreigners and foreign exchange.
______________________
1. Substituted by Act 31 of 1993, section 9 for "the Emigration Act, 1922 (7 of 1922)" (w.e.f. 1-7-1993).
2. The words and figures "the Foreign Exchange Regulation Act, 1947 (7 of 1947)" omitted by Act 31 of
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the appointment, jurisdiction, control and functions of passport authorities;
(b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued;
(c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be m
In the Indian Passport Act, 1920, in sub-section (1) of section 1, for the words and figures "the Indian Passport Act, 1920", the words, brackets and figures "the Passport (Entry into India) Act, 1920" shall be substituted.
Omitted by Act 35 of 1993, Section 8 (w.e.f. 1-7-1993.).]
(1) The Passports Ordinance, 1967 (4 of 1967) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 5th day of May, 1967.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
