Passport & Immigration Offence Lawyer in Delhi

THE PASSPORT ACT, 1967

BRIEF:
The Act applies to whole of India and extends to citizens of India living outside the country. The Passports Act is an act of the Parliament of India "for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto."
In compliance with Article 9 of the Indian Constitution, the Act does not allow dual citizenship. Under Section 12 of the Act, a person must surrender his passport if he has acquired the citizenship of any other foreign country.

Classes of passports and travel documents:
As per section 4 of the Passports Act, 1967 the following classes of passports are issued under this act

1. ordinary passport;
2. official passport;
3. diplomatic passport.

The following classes of travel documents may be issued under this act

1. emergency certificate authorising a person to enter India;
2. certificate of identity for the purpose of establishing the identity of person;
3. such other certificate or document as may be prescribed

Restriction on granting passport
As per section 6 of the Act, the passport authority or central shall refuse to issue passport on any one or more of the following grounds, and no other ground:

1. that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:
2. that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
3. 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;
4. that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest;
5. that the applicant is not a citizen of India;
6. that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
7. that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
8. that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
9. that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation.

Impounding of passport
As per section 10 (3) of Act, the passport authority may impound or cause to be impounded or revoke a passport or travel document on the following basis:

1. if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
2. if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
3. if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
4. if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
5. if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;
6. if any of the conditions of the passport or travel documents is contravened;
7. if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made;
8. A court convicting the holder of a passport or travel document of any offence under this Act or the rules made there under may also revoke the passport or travel document.

The passport authority may also revoke a passport or travel document on the application of the passport or travel document holder.
A court which is convicting the holder of such passport or travel document under this Act or Rules may also revoke the revoke the passport or travel document. This revocation can also be made by an appellate court or by the High Court when exercising its power of revision. Provided that if the conviction is set aside on appeal or otherwise, the revocation shall also become void.
On such revocation, the holder of such passport or travel document, shall without delay, surrender the passport or travel document, to the authority who revoked the passport/travel document, unless it has already been impounded.

Offences and Penalties
As per section 12 of the Act, whoever:

1. Contravenes the provisions of Section 3, i.e., departs or attempts to depart outside India without a valid passport on his/her name; or
2. Knowingly furnishes any false information or suppresses any material information with a view to obtain 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
3. 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
4. Knowingly uses a passport or travel document issued to another person; or
5. Knowingly allows another person to use a passport or travel document issued to him

Shall be punished with imprisonment for a term which may extend to 2 years or with fine which may extent to Rs. 5,000/- or with both.
Any person, who is not a citizen of India:

1. Makes an application for a passport or obtains a passport by suppressing information about his nationality; or
2. Holds a forged passport or any travel document

Shall be punished with imprisonment for a term which shall not be less than 1 year but which may extend to 5 years and with fine which shall not be less than Rs.10,000/- but which may extend to Rs. 50,000/-.
When any person abets any of the above mentioned offences, and the offence is committed as a result of the abetment, then the person shall be punishable with the punishment provided in the section of that said offence.
Whoever, contravenes any condition of the passport or the travel document or any provision of this Act or Rules, for which no punishment has been mentioned, shall be punishable with imprisonment for term which may extend to 3 months or with fine which may extend to Rs. 500/- or with both.
Lastly, when a person already convicted under this Act, is convicted again of an offence under this Act, shall be punished with double the penalty provided for the latter offence.