Can a person with criminal record get a Passport to travel ?
Can a person with criminal record get a Passport to travel ?
But before that let us understand who is person with criminal record ?
Criminal is a popular term used for a person who has committed a crime or has been legally convicted of a crime. Criminal also means being connected with a crime. When certain acts or people are involved in or related to a crime, they are termed as criminal.
What does law say about it ?
A person is not a criminal until proved guilty and they fall under the category of accused , "Accused" is a person who has been arrested for or formally charged with a crime
Is there any provision in law for a person with Criminal record to apply for passport and travel abroad ?
Article 21 of the Indian Constitution provides that no one shall be deprived of his life or personal liberty without the procedure established by law. The right to leave or travel abroad and the right to return India are considered to be the part of article 21 of the Constitution.
Can one renew his passport if criminal case is pending?
A passport holder seeking renewal of the passport need to obtain permission from the jurisdictional magistrate before whom a criminal case against him/her is pending.
What happens if a person does not show or disclose his/her criminal cases records in the Passport application form ?
An issuance of Passport is done through a process and which also includes checking into the database of persons who has criminal records and if may have any ongoing cases against them. In a scenario if person hides / forgets to mentions about the details of cases pending against him / her then he may be charged with a code of Suppression of Fact ( It means hiding the facts intentionally) . A person may be asked to pay the penalty as per the rules laid by the Passport Authority.
Conclusion
The answer is Yes but subject to if the requirement of law are fulfilled such as below
1) A proper process of obtaining an order from Court which allows an applicant to apply for a Passport. and further the said court marks CC / sends a communication to Passport office stating that the above named applicant has been allowed to apply for a fresh / re-issue of passport.
2) A permission can just be to apply a fresh passport or to get the passport re-issued upon expiry of validity and may not be allowed to travel abroad and for travel abroad a fresh permission may be required.
Reference Article from Official Site
www.passportindia.gov.in/AppOnlineProject/pdf/Dealing_passport_criminal_court_pending.pdf
At Hemani law Associates the team has knowledge and expertise for such procedure and has practically helped many clients who had the similar issues and the court permission has been granted with proper formalities by following appropriate documentation in as less then 4 working days of time . In case you have similar issue or looking for guidance do book an offline appointment and consult with Advocate Munish Hemani and get all your query sorted and seek proper solution
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Hemani Law Associates - Has expertise in getting permission from court for obtaining passport Mumbai - Dahsiar East - 9867775553