AI Overview...
420 Double Passport
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Double Passport Issuance - Several cases highlight instances where individuals obtained multiple passports from different authorities (e.g., Bangalore and Bombay Passport Offices), often through impersonation or forgery. Such actions are considered violations under the Passports Act, 1967, and related IPC sections (e.g., Sections 420, 468, 471 IPC) STATE VS PREM SARUP PURL - Delhi, Motisham Mohammed Ismail VS Central Bureau of Investigation - Andhra Pradesh, MOTISHAM MOHAMMED ISMAIL VS CENTRAL BUREAU OF INVESTIGATION - Karnataka.
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Offense under Section 420 IPC - The act of acquiring or using a fake or multiple passports constitutes an offense punishable under Section 420 IPC, which deals with cheating and dishonestly inducing delivery of property. Cases involve individuals carrying fake passports or obtaining multiple valid passports, leading to criminal proceedings Manjit Singh VS State of Punjab - Punjab and Haryana, KUMAR VS STATE - Madras.
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Double Jeopardy and Legal Proceedings - Courts have considered whether prosecuting for multiple passport violations or related offences amounts to double jeopardy. Generally, if the offences are distinct (e.g., forging a passport vs. using it for illegal purposes), prosecution can proceed without violating double jeopardy principles. However, if the same offence is repeatedly tried, it may be barred Mohammed Hussain Pangadan VS State of Kerala - Kerala, STATE VS PREM SARUP PURL - Delhi.
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Penalties and Consequences - Convictions under the Passports Act can lead to penalties, including fines and imprisonment. Multiple convictions for similar offences may result in enhanced penalties, but the law also prohibits double punishment for the same offence (double jeopardy) KUMAR VS STATE - Madras, Mohammed Hussain Pangadan VS State of Kerala - Kerala.
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Legal Principles - The principle of double criminality is upheld, meaning that for extradition or prosecution, the act must be an offence in both jurisdictions. The courts have maintained that obtaining multiple passports fraudulently or through impersonation is a serious offence warranting legal action, provided the offences are distinct STATE VS PREM SARUP PURL - Delhi, Monica Bedi VS State of A. P. - Supreme Court.
Analysis and Conclusion
- The issuance and use of multiple or fake passports, especially through impersonation or forgery, constitute serious offences under the Passports Act and IPC. While individuals may face multiple proceedings, courts generally allow prosecution for distinct offences without violating double jeopardy, provided the acts are separate and not the same offence repeated. Penalties can include fines, imprisonment, and disqualification from holding passports. The legal framework emphasizes the importance of maintaining passport integrity and prosecuting violations effectively.
References: - STATE VS PREM SARUP PURL - Delhi - Manjit Singh VS State of Punjab - Punjab and Haryana - Sri Mohammed Jahanjeer VS State Of Telangana - Telangana - Monica Bedi VS State of A. P. - Supreme Court - Motisham Mohammed Ismail VS Central Bureau of Investigation - Andhra Pradesh - Motisham Mohammed Ismail VS Central Bureau of Investigation - Crimes - MOTISHAM MOHAMMED ISMAIL VS CENTRAL BUREAU OF INVESTIGATION - Karnataka - KUMAR VS STATE - Madras - Mohammed Hussain Pangadan VS State of Kerala - Kerala
Search Results for "420 Double Passport"
1973 0 Supreme(Del) 20 • India - Delhi
M.R.A.ANSARI, S.RANGARAJAN
- SCOPE OF EXTRADITION - RESTRICTIONS ON TRIAL - DOUBLE CRIMINALITY - PRACTICE AND PROCEDURE. ... EXTRADITION - OFFENCES - FORGERY - PASSPORT - INDIAN EXTRADITION ACT, 1962, SECTIONS 2 (C), 20, 21, 31 - SECOND SCHEDULE, ITEMS ... The petitioner contended that the trial in India should be confined only to the offence of forgery in relation to the said passport ... In saying so we do not think that the principle of double criminality, invoked on Puri s behalf is in any way offended. ... A-668077; he had fraudulently acquir....
2017 0 Supreme(P&H) 276 • India - Punjab and Haryana
AMOL RATTAN SINGH
of an offence punishable under Section 420 IPC due to carrying a fake passport. ... Issues: Quashing of FIR for alleged offence under Section 420 IPC due to carrying a fake passport. ... Quashing of FIR - Alleged Fake Passport Fact of the Case: The petitioner seeks quashing of FIR for alleged commission ... Learned counsel for the petitioner submits that, as a matter of fact, the petitioner was an accused in a double murder case, in which he has been acquitted. ... 4. ... As per the ....
2020 0 Supreme(Telangana) 250 • India - Telangana
G.SRI DEVI
Officer and paid penalty imposed vide order dated and compounded offence and therefore continuation of offence would amount to double ... Indian Penal Code,1860 - Section 420 - Criminal Procedure Code,1973 - Section 482 , 239, and 300 - Passports ... /accused has already remitted the penalty amount as ordered by Chief Passport Officer - Apart from that as per Section 15 of Passports ... double jeopardy under Section 300 of Cr.P.C. ... In the said passport, the same de....
2010 7 Supreme 1017 • India - Supreme Court
B.SUDERSHAN REDDY, S.S.NIJJAR
Constitutional Court at Lisbon and on a careful consideration of the entire matter and the facts held that appellant’s plea of double ... Constitutional Court at Lisbon and on a careful consideration of the entire matter and the facts held that appellant’s plea of double ... application stage and post-passport application stage- The conspiracy itself had been hatched only with a view to secure a passport ... If the offences are distinct, there is no question of the rule as to double jeopardy being appli....
2003 0 Supreme(AP) 1068 • India - Andhra Pradesh
N.S.VEERABHADRAIAH
filed in Court at Bombay in respect of accused having obtained passport from Bombay Passport Authority on 11-4-1997 by impersonation ... from Bangalore Passport Authority on 14-11-1990 by impersonation lit cheating and was charge-sheeted lit was facing trial - Charge-sheet ... particular accused, law requires to proceed with investigation lit file charge-sheet Petitioner accused was alleged to have obtained passport ... Therefore, the question of double jeopardy does not arise. Accordingly, justified th....
• India - Crimes
N.S.VEERABHADRAIAH
filed in Court at Bombay in respect of accused having obtained passport from Bombay Passport Authority on 11-4-1997 by impersonation ... from Bangalore Passport Authority on 14-11-1990 by impersonation lit cheating and was charge-sheeted lit was facing trial - Charge-sheet ... particular accused, law requires to proceed with investigation lit file charge-sheet Petitioner accused was alleged to have obtained passport ... Therefore, the question of double jeopardy does not arise. Accordingly, justified th....
2003 0 Supreme(Kar) 737 • India - Karnataka
was issued by the Bangalore Passport Authority on 14.11.1990 and another passport came to be issued by the Bombay Passport Authority ... was issued by the Bangalore Passport Authority on 14.11.1990 and another passport came to be issued by the Bombay Passport Authority ... was issued by the Bangalore Passport Authority on 14.11.1990 and another passport came to be issued by the Bombay Passport Authority ... Therefore, the question o....
2018 0 Supreme(Mad) 3152 • India - Madras
G.JAYACHANDRAN
Finding of the Court: The court examined the evidence and found that the appellant had obtained a second passport ... These actions constituted offenses under the Passports Act. ... ... (4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence." ... 20. ... The Regional Passport office at Trichy has issued passport to the appellant though he already possess a valid #HL_STAR....
2015 0 Supreme(Ker) 529 • India - Kerala
ALEXANDER THOMAS
It is also the admitted case that the additional offences as those under Ss.420, 465, 468 I.P.C. were additionally incorporated by ... Passports Act, 1967 - Section 12(1)(b) - Code of Criminal Procedure, 1973 - Non-cognizable offence - Sentence ... 155(4) of the Cr.P.C. - Whether available to petitioner - Held, Conviction for the criminal offence under Section 12(1)(b) of the Passports ... for the same set of factual incidents would amount to compelling the petitioner to face double jeopardy which is constitutionally bar....
2007 0 Supreme(Del) 1172 • India - Delhi
S.RAVINDRA BHAT
Forgery - Customs Act - Sections 420, 511 IPC, 468/471 IPC, 120-B, 12 Passports Act - 111(d) Customs Act, 1962 - 3(1) Imports ... Act Fact of the Case: The accused were charged with offences under Sections 420 and 511 IPC, read with Sections 468 ... /471 IPC, read with Section 120-B and section 12 of the Passports Act for importing cars without valid permits, forgery, and cheating ... Vohra 2007 (1) SCC 207 and held that findings in departmental or adjudication proceedings would not amount to resjudicata and initiation ....
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