In short. If your passport was refused because of a pending case, the law gives you two ways forward: show that nothing is pending before a criminal court yet, or get that court's permission for the passport. This guide is for accused persons in Delhi and NCR, and NRIs with a case in Delhi, whose new passport or renewal has been held or refused. Court permission usually takes a few weeks; a writ, if needed, a few weeks to a few months. This week, find out the exact stage of your case and get the refusal in writing.
Is this your situation?
- Your passport renewal is on hold and the passport office says a criminal case is pending against you.
- You are named in an FIR but no chargesheet has been filed, and the passport office still refuses.
- You have been summoned in a cheque bounce or private complaint case and your passport is due for renewal.
- The magistrate gave permission, but the passport was issued for only one year.
- Your case is pending in a court in another state, and you live in Delhi.
- You are abroad and the Indian embassy will not renew your passport because of a case in Delhi.
- You were the complainant or a witness in a case, not the accused, and your passport has still been held.
Key points
- Only proceedings before a criminal court count. Section 6(2)(f) of the Passports Act applies when a case against you is pending before a criminal court, which the Ministry of External Affairs treats as starting once the court takes cognizance.
- An FIR alone is usually not enough. If the police are still investigating and no court has taken cognizance, ask the passport office to reconsider with proof of the stage.
- Once cognizance is taken, ask that court. The 1993 notification lets the passport be issued if the court where the case is pending permits it and you give an undertaking.
- Appeal or writ if the office will not move. An appeal under Section 11 lies against a refusal order; a writ in the Delhi High Court is used where the office acts against the law, ignores a court order or simply sits on the file.
- Never hide the case. Suppressing a pending case in the form is an offence and a ground to revoke the passport later.
Can a passport be refused because of a pending case?
Yes, but only in the way the Passports Act allows. Section 6(2)(f) lets the passport authority refuse a passport if proceedings for an offence alleged to have been committed by the applicant are pending before a criminal court in India. Three things are packed into that clause. The case must be against you as an accused, not as a complainant or witness. It must be about an offence. And it must be pending before a criminal court, which is different from a police investigation.
The refusal is not the end of the road. In 1993 the Central Government used its power under Section 22 to issue notification GSR 570(E), which exempts a person facing criminal proceedings from Section 6(2)(f) if the court where the case is pending permits the issue of a passport or departure from India, and the person gives an undertaking. So a passport refused for a pending case is, in most situations, a problem with a known solution: get the right court's order, in the right form, and submit it with the undertaking.
The harder cases are the ones where the passport office treats something as pending when it is not, refuses to act on a court's order, or cuts the passport's validity without reason. Those are the situations where an appeal or a writ becomes necessary. Our page on passport refusal, impounding and non-renewal covers the wider set of passport problems; this guide stays with the pending case.
When is a case "pending" for passport purposes?
The Ministry of External Affairs issued an office memorandum on 10 October 2019 clarifying that criminal proceedings are treated as pending for Section 6(2)(f) only once a court has taken cognizance of the offence. That matches the words of the Act. While an FIR is under investigation, no criminal court is seized of the case in that sense, even if you were arrested and released on bail during investigation.
In practice, the stage of your case decides the answer. FIR registered and investigation going on: not yet pending before a court. Chargesheet filed but the magistrate has not yet taken cognizance: arguably still not pending, though offices often treat it as pending, so check the order sheet. Cognizance taken and summons issued: pending. In a private complaint case, such as a cheque bounce complaint under Section 138 of the Negotiable Instruments Act, cognizance is taken when the magistrate decides to summon you, so the case is pending from the summoning order. Closure report filed and accepted: not pending. Closure report filed but a protest petition is being heard: pending only if the court takes cognizance.
After trial, different clauses come in. If you are acquitted, the case ends, though passport offices sometimes treat a pending appeal against acquittal as continuing proceedings; get permission from the court hearing the appeal if that happens. If you are convicted of an offence involving moral turpitude and sentenced to imprisonment for two years or more, Section 6(2)(e) allows refusal of an application made within five years of the conviction, and while your appeal is pending you need the appellate court's permission.
A frequent problem is mistaken identity in police records: a different person with the same name, or a case in which you were the complainant. These are not pending cases against you at all, and a letter from the police station or a copy of the FIR showing your true role normally fixes them. Our guide on clearing an adverse police verification report deals with that kind of record problem.
The rules that decide your passport
Section 6(2)(f), Passports Act 1967
Refusal where proceedings for an offence alleged against the applicant are pending before a criminal court in India. Section 6(2)(g) covers outstanding warrants, summons for appearance and orders prohibiting departure. Section 6(2)(e) covers convictions within the previous five years for offences involving moral turpitude with a sentence of two years or more.
Section 22 and notification GSR 570(E) of 25 August 1993
Exempts persons facing criminal proceedings from Section 6(2)(f) if the court concerned permits issue of a passport or departure from India and the person gives the prescribed undertaking. Where the court's order does not state a period, the notification has traditionally been applied to issue a passport for one year; where the court states a period or permits travel for a specific time, that governs.
MEA office memorandum of 10 October 2019
Clarifies that criminal proceedings are treated as pending only after the court has taken cognizance, so an FIR under investigation does not by itself attract Section 6(2)(f).
Sections 5(3) and 11
The authority must record brief reasons for a refusal and give you a copy on demand, except in narrow cases. Section 11 provides an appeal against refusal to the appellate authority under the Passports Rules 1980, generally within 30 days; check the date in your order.
Article 21 and Article 226, Constitution
The right to travel abroad is part of personal liberty (Satwant Singh Sawhney, 1967; Maneka Gandhi v. Union of India, 1978). A refusal outside the Act or without fair procedure can be challenged by writ in the High Court.
Remedy one: show that nothing is pending before a court yet
If your case is still at the FIR or investigation stage, the passport office should not apply Section 6(2)(f). The first step is a written representation to the Regional Passport Office, quoting your file number, explaining the stage of the case, and asking that the application be processed. Attach a copy of the FIR, a letter or status report from the investigating officer or SHO confirming that the investigation is pending and no chargesheet has been filed, or the eCourts order sheet showing no cognizance, and a copy of the 2019 memorandum.
Offer an undertaking that you will inform the passport office and the police if a chargesheet is filed, and that you will join the investigation whenever called. Passport officers are more willing to process a file when they can see you are not trying to escape the case. If you have anticipatory bail or a notice under Section 35 BNSS (old Section 41A CrPC) that you have complied with, attach that too.
Some offices still insist on a court order even at the FIR stage. You may then find the magistrate unwilling to pass one, because there is nothing before him yet. That is the classic deadlock in which a writ petition is justified: the passport office is applying a clause that does not apply, and the court it is sending you to has no case in front of it. Before filing anything, give the passport office a reasonable time to reply, usually a few weeks, and keep proof of the representation's delivery.
If the FIR itself is the real problem because it has no basis, a lasting solution may be to have it quashed. Our guide on getting an FIR quashed by the Delhi High Court explains when that is realistic.
Remedy two: get the criminal court's permission
Once cognizance has been taken, the practical route is an application to the court where your case is pending, asking it to grant no objection to the issue or renewal of your passport. That court may be a magistrate at Tis Hazari, Saket, Patiala House, Karkardooma, Rohini or Dwarka, a Sessions Court, or a special court at Rouse Avenue. If your appeal is pending in the Delhi High Court, the application goes to the High Court.
Keep the passport application separate in your mind from travel. Permission for a passport is not permission to leave India. Many courts grant a passport no objection fairly readily, because holding a passport does not by itself let you leave if the court has also imposed a condition against travel, while permission to travel is examined more strictly. If you need both, ask for both, but frame them as two prayers. Our guide on travelling abroad while a criminal case is pending deals with the travel side.
The court will hear the prosecution or the complainant first. It considers your attendance record, the nature of the charge, your roots in India, whether you have ever been declared a proclaimed person, and why you need the passport now. Conditions are common: the passport to be deposited back in court after renewal, or no travel without separate permission, or an undertaking to appear on every date. A record of regular attendance is the strongest single factor.
Ask for the order to say clearly that the court has no objection to the issue of a passport for its full normal validity, or for a stated period. The Supreme Court in Mahesh Kumar Agarwal v. Union of India (2025) directed issue of a full-validity passport in a case where the criminal courts had allowed renewal, and the reasoning helps where a passport office cuts the validity to one year on its own. An order that is vague about the period is the main reason people end up with a one-year passport and have to repeat the exercise.
Remedy three: appeal, or a writ in the Delhi High Court
If the passport office passes a formal refusal order, Section 11 provides an appeal to the appellate authority under the Passports Rules 1980, generally within 30 days. The appeal suits cases where the facts are disputed or where you want the department to correct its own error. Ask for the written reasons under Section 5(3) if they were not given; you cannot answer a refusal you have not seen.
A writ petition under Article 226 is used where the passport office refuses despite a criminal court's permission, treats an FIR under investigation as a pending case, sits on a file for months without any order, or issues a short-validity passport against the terms of the court's order. The High Court usually expects the statutory appeal to be used first where there is a disputed question of fact, but a writ is entertained where the office has acted without jurisdiction or on a plain error of law. Our page on passport refusal writs explains how these petitions are prepared.
Which High Court hears it depends on where the decision was taken. The Delhi High Court hears writs against the Regional Passport Office, Delhi, and the Ministry of External Affairs in New Delhi. A resident of Noida or Ghaziabad is usually served by the Ghaziabad passport office, and a challenge ordinarily lies before the Allahabad High Court; Haryana residents are generally dealt with by the Chandigarh office and go to the Punjab and Haryana High Court. A Delhi link can still exist under Article 226(2), for example where the decisive order came from the ministry in New Delhi. Our guide on filing a writ in the Delhi High Court if you live outside Delhi explains that test.
Before filing a passport writ, Advocate B.K. Singh checks whether the passport office was actually shown the court's permission and the undertaking in the prescribed form. Many writs turn out to be unnecessary because the papers were never properly submitted, and a court will ask that question first.
Step by step: from refusal to a passport in hand
Get the reason in writing
Ask the passport office for the written reason for refusal or hold, quoting your file number. Check the online status remark. Note whether the office relies on a pending case, a police report or something else.
Find the exact stage of your case
Download the order sheets from eCourts or get a certified copy from the court. Check whether cognizance has been taken, and on what date. For an FIR still under investigation, ask the investigating officer for a status letter.
Choose the right remedy
If no court has taken cognizance, send a representation with the 2019 memorandum. If cognizance has been taken, apply to that court for no objection. If you have both a passport and a travel need, ask the court for both.
Submit the court order with the undertaking
Take a certified copy of the court's order to the passport office with the undertaking in the prescribed form and a fresh application if required. Keep copies and an acknowledgment of everything submitted.
Follow up, then escalate
Allow a reasonable period for processing. If the office refuses, cuts the validity against the order, or does not respond, consider a Section 11 appeal or a writ, depending on what went wrong.
Comply with the court's conditions
If the court ordered the passport to be deposited back after renewal, do so on time. A breach of conditions can lead to cancellation of bail and makes the next application much harder.
How long it takes and what it costs
| Stage | Typical time range | Fees in general terms |
|---|---|---|
| Representation to the passport office at the FIR stage | 2 to 8 weeks for a response, sometimes longer | No court fee; passport fee as applicable |
| Application for no objection in the criminal court | 1 to 4 weeks, depending on the next date and the prosecution's reply | Nominal court fee on the application; check current rates |
| Passport issue after a court order | Usually a few weeks, depending on police verification | Passport Seva fee for the service chosen |
| Appeal under Section 11 | Filed generally within 30 days; decided in weeks to a few months | Prescribed appeal fee, if any; check the current rules |
| Writ petition in the Delhi High Court | First hearing within days to a few weeks; many are disposed of in weeks to a few months | Fixed court fee on the petition; check the current schedule |
| Fresh decision after a High Court direction | Within the time the court fixes, often 2 to 8 weeks | Passport fee as applicable |
Documents to gather
About the passport
- File number, application receipt and online status screenshots
- Any refusal letter, show cause notice or email from the passport office
- Old passport, or its copy if it is deposited in court
- Identity and address proof
About the case
- FIR copy, or the complaint and summoning order in a complaint case
- Latest order sheets from eCourts or certified copies
- Investigating officer's status letter if the case is at the FIR stage
- Bail or anticipatory bail order and its conditions
- Proof of attendance on court dates, if available
- Certified copy of the court's permission and the signed undertaking
Why you need it now
- Job offer, employer's letter or transfer order
- Admission letter or a family member's medical papers abroad
- Visa appointment or tickets, if travel is also sought
A made-up example: a renewal for a daughter's graduation
Here's a made-up example. Pooja, a school administrator in Janakpuri, is an accused in a cross-FIR after a parking quarrel with a neighbour turned into a scuffle. The police file a chargesheet for causing hurt, and the magistrate at Dwarka Courts takes cognizance and issues summons. She appears, is granted bail, and attends every date for a year.
Her passport is due to expire just before her daughter's graduation in Toronto. She applies for renewal, and the Regional Passport Office in Delhi holds the file, citing a pending criminal case. That is correct: cognizance has been taken.
Her lawyer files an application before the magistrate asking for no objection to renewal for the full normal validity, and a separate prayer for permission to travel to Canada for three weeks. The prosecution does not seriously oppose renewal but objects to travel. The magistrate grants no objection to renewal, noting her attendance record, and allows travel on a deposit and an undertaking to return before the next date.
When Pooja submits the order with the undertaking, the passport is first proposed for one year. Her lawyer writes to the passport office pointing to the wording of the court's order and the Supreme Court's 2025 ruling in Mahesh Kumar Agarwal. Whether the office reissues for full validity, or a writ is needed, depends on how it responds. The point of the example is that a clearly worded court order did most of the work.
Common types of pending cases and what usually works
Matrimonial cases are among the most common reasons for a passport refused because of a pending case in Delhi. A husband and his family named in a 498A FIR (now Sections 85 and 86 BNS) often find renewal blocked once the chargesheet is filed. Courts are generally willing to allow renewal where the accused has appeared regularly, though they may be stricter about travel if the complainant says the accused will not return. If the marriage dispute has been settled, quashing the FIR on settlement removes the problem altogether.
Cheque bounce complaints catch many business owners by surprise, because the case becomes pending as soon as the magistrate summons them. The magistrate hearing the Section 138 case can grant no objection; compounding the offence by paying the amount ends the case and the passport problem with it.
Economic offence cases investigated by the CBI or ED are harder. Special courts at Rouse Avenue look closely at the risk of flight, and the agency usually opposes. A record of attendance, a deposit, property in India and a clear reason for the passport help. Where there is also a Look Out Circular, you will need to deal with that separately; our page on getting a Look Out Circular quashed or suspended explains how.
Minor cases that have been dormant for years, such as an old quarrel FIR where the chargesheet was filed and nothing has happened since, are often easiest. The court sees a long record of appearance and no risk. In some of them, the better long-term answer is to push the trial to a conclusion or seek compounding where the offence allows.
Cases in another state, or more than one case
The permission must come from the court where the case is pending, wherever that is. A Delhi resident with a case pending in a court in Lucknow or Jaipur must apply to that court, not to a Delhi court, and then submit its order to the passport office in Delhi. A Delhi magistrate has no power to grant no objection for a case he is not hearing.
If you have more than one pending case, you need permission from each court. Passport offices check police records for all cases, and an order from one court will not cover another. List every case honestly in the application, with its court and number, and attach an order for each.
Advocate B.K. Singh's practice, where a client has cases in more than one court, is to prepare a single table of all the cases with their courts, stages and next dates before any application is filed. It helps the passport office, and it stops the client from discovering a forgotten complaint case only after the first permission has been obtained.
NRIs abroad: renewal at the embassy with a case in Delhi
Indian missions abroad renew passports after checks with the passport authority in India. If a court record or police database in Delhi shows a pending case, the embassy or consulate may decline renewal, issue a short-validity passport, or offer only an emergency certificate to return to India. Many NRIs first learn of a matrimonial or cheating case in Delhi this way.
The remedies are the same, run from abroad. If cognizance has been taken, your lawyer applies to the Delhi court for no objection to renewal. Most courts will hear the application if you are represented and have an exemption from personal appearance in place, though some will insist on one appearance first. If the case is only at the FIR stage, a representation to the mission and the Ministry of External Affairs, followed if needed by a writ in the Delhi High Court, is the route. Vakalatnamas and affidavits can be signed before an Indian consular officer. Our page for NRI and overseas clients covers documents and hearings from abroad.
Be cautious about coming to India on an emergency certificate to fix the case if a warrant or Look Out Circular may exist. Check the court record first, and if there is a warrant, have it dealt with before you travel.
Why hiding the case makes things worse
The passport application asks whether any criminal proceedings are pending against you. Answering no when a case is pending is a false declaration. Section 12 of the Passports Act makes knowingly giving false information or suppressing material information an offence, and Section 10(3) allows a passport obtained by suppression to be impounded or revoked. A small cheque bounce case can become a passport revocation and a fresh prosecution simply because it was not disclosed.
Disclosure does not mean refusal. A pending case declared honestly, with the court's permission attached, is processed every day. If you have already filed an application without disclosing a case, take advice before the police verification is done; correcting the record early is far better than being found out. If a passport has already been impounded, our guide on your options when a passport is impounded explains the next steps.
Mistakes that delay a passport
- Going to the magistrate at the FIR stage. If no court has taken cognizance, the magistrate may have nothing to decide. Use the representation route first.
- A vague court order. An order that does not mention the period or the purpose often leads to a one-year passport. Ask for clear wording.
- Confusing passport permission with travel permission. They are different prayers, and courts treat them differently.
- Forgetting a second case. Every pending case needs its own court's permission.
- Not depositing the passport back. If the court ordered it, comply on time, or the next application will be refused.
- Filing a writ without submitting the court order properly. The High Court will ask whether the passport office was given the order and the undertaking.
What to do this week
Write to the passport office for the reason in writing. Download your case's order sheets and check the date of cognizance, if any. If the case is still under investigation, prepare a representation with the investigating officer's status letter and the 2019 memorandum. If cognizance has been taken, prepare an application to that court with your attendance record and the reason you need the passport. If you need to travel as well, see our page on permission to travel abroad during a criminal case.
Fees are discussed at the first meeting and agreed in writing, stage by stage. We hold online consultations for clients outside Delhi and abroad.
For advice on your passport and case papers, contact Advocate B.K. Singh.
Frequently asked questions
Can I get a passport if an FIR is registered against me?
Usually yes, if the police are still investigating and no court has taken cognizance. The MEA's 2019 memorandum treats a case as pending only after cognizance. Give the passport office proof of the stage, such as a status letter from the investigating officer.
Which court gives permission for a passport in a pending case?
The court where your case is pending, whether a magistrate, Sessions Court, special court or the High Court in appeal. A court in another city cannot give permission for a case it is not hearing. If you have several cases, you need permission from each.
Why was my passport issued for only one year after court permission?
Under the 1993 notification, passport offices have traditionally issued a one-year passport where the court's order does not state a period. Ask the court to specify full validity or a longer period. The Supreme Court's 2025 ruling in Mahesh Kumar Agarwal supports full validity where the criminal court has allowed renewal.
Does a pending cheque bounce case stop passport renewal?
It can, once the magistrate has taken cognizance and summoned you. The magistrate hearing the case can grant no objection to renewal. If you settle and the offence is compounded, the case ends and so does the problem.
Can my passport be refused if I am the complainant in a case?
No. Section 6(2)(f) applies only to cases where the applicant is the accused. If police records wrongly show you as an accused, give the passport office a copy of the FIR or a police letter showing your actual role.
Do I need to go to court in person to get passport permission?
Not always. Many courts decide the application on your lawyer's appearance if you have an exemption or are present on the date anyway. Some courts want to see the accused, especially in serious cases or where travel is also sought.
Can I file a passport writ directly without appealing?
Yes, in suitable cases, such as where the passport office ignores a court's permission, treats an FIR under investigation as pending, or does not decide the file at all. Where facts are disputed, the High Court may expect the Section 11 appeal first.
Is court permission for a passport the same as permission to travel abroad?
No. Permission for a passport lets the passport be issued or renewed. Permission to travel is a separate order, often with conditions such as deposits and return dates, and is examined more strictly.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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