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In cases where individuals hold two passports with different particulars, authorities require an explanation and proper procedural considerations before taking action ["MOHAMED vs THE REGIONAL PASSPORT OFFICER - Kerala"].
Analysis and Conclusion:
References:- ["Craig Allen Moore @ Crag Allen Moore Son of Michael J Moore vs State of Bihar through its Home Secretary - Patna"]- ["Yogarani VS State by the Inspector of Police - Supreme Court"]- ["D. Marreddy VS Union of India - Telangana"]- ["Dondeti Marreddy VS Union of India - Telangana"]- ["PRADEEP KUMAR SARWOGI Vs. UNION OF INDIA - Rajasthan"]- ["Farida Malik @ Sana Akhtar VS State of Bihar - Patna"]- ["MOHAMED vs THE REGIONAL PASSPORT OFFICER - Kerala"]- ["Sudarshan Das B.R., S/o B.K. Ramdas vs Union Of India - Karnataka"]- ["Sannith Reddy Mandhadi VS Union of India - Telangana"]
In today's globalized world, many Indians acquire foreign citizenship for work, education, or family reasons, often leading to questions like: holding two passports of same person – is it permissible under Indian law? The short answer is no. Indian law strictly prohibits dual citizenship, and possessing a foreign passport typically results in the automatic loss of Indian citizenship. This blog post dives deep into the legal framework, judicial interpretations, practical implications, and remedies, drawing from statutes and landmark cases.
India does not recognize dual citizenship. Under Article 9 of the Constitution, a person who voluntarily acquires foreign citizenship ceases to be an Indian citizen. This is reinforced by Section 9 of the Citizenship Act, 1955, which states that an Indian citizen who voluntarily acquires foreign citizenship loses Indian citizenship automatically, except in wartime scenarios under Section 9(1). Rule 30 of the Citizenship Rules, 1956 goes further: possession of a foreign passport is conclusive proof of voluntary acquisition of foreign citizenship Dipali Katia Chadha: Manoranjan Tania Chadha VS Union Of India - 1995 0 Supreme(SC) 953.
The Passports Act, 1967, under Section 12(1A), prohibits issuing Indian passports to those holding foreign ones unless specific conditions are met. Holding multiple passports – an Indian one alongside a foreign one – is seen as evidence of prohibited dual nationality.
Indian courts have consistently ruled against dual citizenship. In one case, petitioners claimed birthright Indian citizenship despite holding British and Finnish passports. The court held that acquiring foreign passports triggers cessation under Section 9, as possession constitutes voluntary acquisition Dipali Katia Chadha: Manoranjan Tania Chadha VS Union Of India - 1995 0 Supreme(SC) 953. Legal insight: Indian law generally does not permit dual citizenship; possession of foreign passports constitutes voluntary acquisition of foreign citizenship, leading to the loss of Indian citizenship.
Another ruling emphasized renunciation: without a foreign citizenship renunciation certificate, Indian citizenship cannot be granted when dual status exists Union Of India vs Rasheeda Bano, W/o Mohammed Maroof - 2025 0 Supreme(Ker) 2372. Legal insight: Dual citizenship is not permitted, and legal procedures such as renunciation are mandatory to retain Indian citizenship when acquiring foreign nationality.
In a nuanced case, the court quashed an FIR against someone who obtained a Swiss passport unknowingly, stressing intent is key for criminal liability but reaffirming that foreign passports indicate voluntary acquisition Aditya Andreas VS State Represented by The Sub-Inspector of Police, Central Crime Branch, Chennai - 2020 0 Supreme(Mad) 1761.
If caught holding multiple passports, voluntary surrender can mitigate issues. In a case where a petitioner obtained an Indian passport suppressing Malaysian nationality, she surrendered it, paid a penalty, and received a surrender certificate. The court deemed this condonation, quashing the FIR under Section 12(1A)(a) of the Passports ActSudha Vetrivendan VS State of Tamil Nadu, Rep by its Inspector of Police, Vepery - 2022 Supreme(Mad) 3389. The voluntary surrender of a passport, acceptance of surrender certificate, and payment of penalty can be deemed as condonation, leading to the quashing of an FIR under the Indian Passport Act.
Similarly, a petitioner who held two passports surrendered both to the Indian Consulate in Jeddah, paid a fine under Section 12(1)(b), and got a new one. The court noted procedural compliance invalidated subsequent criminal proceedings Mohammed Hussain Pangadan VS State of Kerala - 2015 Supreme(Ker) 529. The Consulate General of India at Jeddah... imposing a fine... and on remittance of the same issued a new passport to the petitioner.
Exceptions are rare:- Wartime under Section 9(1).- Government discretion under Section 9(2).
De facto possession of multiple passports from the same or different countries raises red flags, as noted in cases where bail conditions involved passport deposits Nooria Y. Haveliwala VS State of Maharashtra - 2012 Supreme(Bom) 1755. It is not unknown that persons are found with multiple passports of the same country or different countries.
To avoid complications:1. Apply for renunciation via the Indian embassy/consulate or Passport Seva portal.2. Submit foreign passport and proof of foreign citizenship.3. Pay fees and obtain a renunciation certificate.4. Surrender Indian documents if retaining foreign citizenship.
Failure leads to automatic loss, but formal steps provide clarity Union Of India vs Rasheeda Bano, W/o Mohammed Maroof - 2025 0 Supreme(Ker) 2372. NRIs holding dual documents should verify status promptly.
While countries like the US or Canada allow dual nationality, India's stance prioritizes sovereignty. Challenges arise in international mobility, prompting calls for policy tweaks like Overseas Citizenship of India (OCI), which isn't full citizenship. Courts urge verification to prevent violations Dipali Katia Chadha: Manoranjan Tania Chadha VS Union Of India - 1995 0 Supreme(SC) 953.
Disclaimer: This is general information based on laws and cases up to 2023 Dipali Katia Chadha: Manoranjan Tania Chadha VS Union Of India - 1995 0 Supreme(SC) 953Union Of India vs Rasheeda Bano, W/o Mohammed Maroof - 2025 0 Supreme(Ker) 2372Aditya Andreas VS State Represented by The Sub-Inspector of Police, Central Crime Branch, Chennai - 2020 0 Supreme(Mad) 1761. Laws evolve; this is not legal advice. Consult a qualified lawyer for your situation.
Sources: Dipali Katia Chadha: Manoranjan Tania Chadha VS Union Of India - 1995 0 Supreme(SC) 953Union Of India vs Rasheeda Bano, W/o Mohammed Maroof - 2025 0 Supreme(Ker) 2372Aditya Andreas VS State Represented by The Sub-Inspector of Police, Central Crime Branch, Chennai - 2020 0 Supreme(Mad) 1761Sudha Vetrivendan VS State of Tamil Nadu, Rep by its Inspector of Police, Vepery - 2022 Supreme(Mad) 3389Mohammed Hussain Pangadan VS State of Kerala - 2015 Supreme(Ker) 529Mohammad Umar VS Union Of India - 2024 Supreme(All) 1104Nooria Y. Haveliwala VS State of Maharashtra - 2012 Supreme(Bom) 1755
#DualCitizenshipIndia #MultiplePassports #IndianCitizenshipLaw
They also stated that they have been holding valid passports and Visas for Nepal and also e-tourist Visa for entering India. ... Section 5 , which empowers the Government to remove such person from the country. Moreover, the Authorities are also empowered under Section 3(2)(c) of the FOREIGNERS ACT to remove any foreigner from the country. ... Thereafter, the petitioners filed an application for release of their passports and vide order dated 26.11.2024, learned court of CJM, Madhubani directed to release of their #HL_S....
(e) knowingly allows another person to use a passport or travel document issued to him; shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both. ... (d) knowingly uses a passport or travel document issued to another person. ... The short and long of prosecution story is that appellant had wrongfully and illegally facilitated accused No. 1, for obtaining a second passport, who was already holding an Indian passport. ... The appella....
Strangely the two show cause notices do not refer specifically to impounding of Passports which is clearly mandated under Section 10 (3) (e) (h) of the Passports Act, 1967. It is therefore obligatory upon the passport authority to decide whether to impound the passport or not. ... Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. ... A seizure is made at a particular moment when a person#HL_EN....
Strangely the two show cause notices do not refer specifically to impounding of Passports which is clearly mandated under Sec. 10 (3) (e) (h) of the Passports Act, 1967. It is therefore obligatory upon the passport authority to decide whether to impound the passport or not. ... Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. ... A seizure is made at a particular moment when a person ....
The Supreme Court has further explained the limited statutory purpose underlying the restriction contained in Section 6(2)(f), holding: “The legitimate purpose behind Section 6(2)(f) and Section 10(3)(e) is to ensure that a person facing criminal proceedings remains ... According to him, there is no order passed by the trial court restraining the petitioner from holding or renewing his passport, nor has any condition been imposed regulating possession of the passport. ... Section 6(2)(f) of the Passports Act, 1967 does ....
There is no penal provision in India to raise any question as to why one person was issued two passports by some other sovereign country. 11. It is contended by the learned Sr. ... Counsel on behalf of the petitioner submits that even assuming that the petitioner had two passports in the name of Farida Malik as well as Sana Akhtar, there is no allegation that she committed any offence of cheating by personation. ... The petitioner filed an application praying for discharging her on the ground that the p....
Even under Section 10 (d) of the Passports Act, the passport can be impounded only if the holder has been convicted of an offence involving "moral turpitude" to imprisonment of not less than two years. The use of the conjunction and makes it clear that both the ingredients must be present. ... This Court also holds that merely because a person is an accused in a case it cannot be said that he cannot "hold" or possess a passport. As per our jurisprudence every person is presumed innocent unless he is proven guilty. ... o....
With respect, this approach overlooks two features of the statutory scheme. ... (3) Where the passport authority makes an order under clause (b) or clause (c) of sub-section (2) on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in ... On a plain reading, GSR 570(E) does two things. First, it recognises that persons facing criminal proceedings are not to be treated as absolutely disentitled to ....
in every case where the criminal proceedings are pending against the said person. ... Per contra, learned counsel appearing for the respondents has argued that the passport officer is empowered to impound passport of a person under Section 10 (3) (e) of the Passports Act, 1967 on the ground of pending criminal proceedings against him and therefore the passport officer while taking decision ... Union of India & Anr.) had considered the purport of Section 10 (3) (e) of the Passports Act, 1967 and has held that before impou....
Sufficient Evidence Supports Schreck’s Conviction on Count Two. Schreck also argues that the government failed to prove his actus reus and mens rea for count two beyond a reasonable doubt. ... That language about authenticity appears elsewhere in the application but not in the section about prior passports again suggests, if anything, that concerns about prior passports extended beyond mere inauthenticity. ... Leocal held that a conviction for dr....
Later, she came to know that holding of two passports is not proper. Hence, she approached the passport authority to surrender her Malaysian passport.
He was imposed a sentence of a period of six years and a fine of 10200 Dirhams (approximately Rs.1,53,000/-in INR). Further, A.1 is holding two passports in the name of Kannan Gopinath and Krishnamurthy Gopinath bearing Nos.P164631 and A1188637. Based on the conviction by the Abudhabi Court, Look Out Circular was issued through Interpol to all the international Airports.
That the Consulate General of India at Jeddah, Saudi Arabia, being a competent Court of passport authority as envisaged under the Passport Act, 1967 and after following statutory procedure imposing a fine of Saudi Riyal of 475/-(equivalent to Indian Rupee Rs. 5,000/-) and other charges as provided under Section 12(1)(b) of the Passport Act and on remittance of the same issued a new passport to the petitioner. The case of the petitioner is that the petitioner was in fact in possession of two passports simultaneously and had surrendered both the passports before the Consulate General....
It is not unknown that persons are found with multiple passports of the same country or different countries. The Authority has noticed that although the Petitioner was released on bail on condition that his passport will remain deposited in Court; vide order dated 31st March, 2012, the Petitioner hastened to move application before the Court, which, it is stated was moved ex-parte, without giving notice to the Investigating Officer, for return of passport. In the first place, the fact that the passport of a person is deposited in Court is no guarantee that such person will ....
In the case of Mrs. C. Sharadamma: 1) The fact that the Non-residents, whenever they come to India, they can open accounts, with the help of passports and for that no introduction is required. The fact that one person can have two passports and the name is mis-spelt even at passport office. 2) The fact that the CSOE never exposed to foreign exchange business.
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