Passport serves as a major document to prove the citizenship and identity of citizens of a country abroad. Different types of passports are given to their citizens by all countries. Through passport, citizens travel to different countries around the world. Such travel document or passport has also been prescribed in India. Citizens of India and citizens of India living outside India get identity through passports issued through the Government of India.
This identity is available in all countries to those people who go to different countries of the world. Passport is a very important document for those who go out of the country, this document is given after great care by all the countries in the world. All the precautions related to passport are observed in India also.
Passport related legislations / laws have been made in the Indian Parliament in the year 1967. Among this legislations/laws is the Passport Act 1967. This is the central rule/law which has been created through the Parliament of India, it is spread all over India. It is also passed on to people of India who are living outside India. This act is made for the purpose of providing passports and travel documents to citizens of India and other persons to prevent them from going out of India and for matters connected therewith or incidental thereto.
type of passport
section of the act 4 The following types of passports can be issued under
Ordinary passport is the passport which is issued to the citizens of the country ordinarily. The procedure for issuance of this passport is the procedure prescribed from time to time.
Such passports are issued to government officials while carrying out most of the official functions.
These passports are issued to diplomats and ambassadors of other countries.
Under section 2(c) of the Act, the passport officer is purported to be such empowered person or officer, Who is empowered to issue a passport or travel document under such rules/laws as may be made under this Act and also by the Government of India.
The person to be appointed through the Government of India under the rules made under this Act shall be a Passport Officer. This act is the mother for the birth of the post of Passport Officer. It is empowered by the Government of India and the rules made under this Act.
An application under section 5 of the Act is made to the Passport Officer for the grant of a passport for traveling abroad or for going out of the border of India. It is accompanied by a fee to meet the expenses on special security, paper, printing, towing and other associated services in the delivery of passport and other files. One can apply for a passport after paying the fee prescribed by the government.
On application being made, the Passport Officer issues the passport after making any such inquiry as he considers necessary, if the issue of the passport is refused by the Passport Officer, he shall explain in his inquiry the reasons for his refusal. .
refusal to issue passport
Some of the reasons for refusal to issue a passport are laid down in the section of the Passport Act. 6 which is stated as follows
- may engage in or is likely to engage in such activities in the applying country as would be prejudicial to the sovereignty and integrity of India.
- The applicant’s presence in such country may or may be detrimental to the security situation of India.
- The presence of the applicant in such country is likely to prejudicially affect the friendly relations of India with that or any other country.
- The applicant that the presence in such country is not in the opinion of the Government of India in the public interest.
Some important reasons for refusing to issue a passport
There may also be important reasons for refusing to issue a passport by the officer which are as follows:
- The applicant is not a citizen of India.
- The applicant may engage in or is likely to engage in such activities outside India as to be prejudicial to the sovereignty and integrity of India.
- It is possible for the applicant to go out of India to be detrimental to the security system of India. The presence outside India of the applicant may or is likely to prejudicially affect the friendly relations of India with any country.
- The applicant has at any time during the period of 5 years immediately preceding the date of his application been convicted by a court in India of any offense involving moral turpitude and shall be punished with imprisonment of not less than two years. is done .
- In relation to any offense alleged to have been committed by the applicant. The proceeding of that crime is pending before any criminal court in India.
- A warrant for the appearance of the applicant, summons or a warrant for his arrest is issued by a court under any system for the time being in force. Any order restraining the applicant from leaving India is made by any such court.
- The applicant who has been repatriated has not reimbursed the expenses which have been incurred in respect of such conversion.
- Providing passport travel documents to the applicant would not, in the opinion of the Government of India, be in the public interest.
duration of passport
The validity of the passport may continue for such time as may be prescribed by the Government from time to time. If the applicant so desires, the passport can be given for a shorter period than the prescribed time and if the Passport Officer is known to issue the passport for a shorter period in any case, he can do so.
confiscation of passport
- This is a special section of this Act. Verification and attachment and cancellation of passport travel documents under section 10 of the Act –
- This section empowers the passport officers. Passport Officers have the right to change any rules and can cancel and confiscate the passport.
- The Passport Officer may, on the application of the person receiving the passport, with the prior approval of the Central Government, vary or cancel the conditions of the passport or travel document.
- The Passport Officer can cancel, confiscate, attach and get the passport done.
The reasons on which he shall take this action shall be
- If the Passport Officer becomes aware that the recipient of the Passport This travel document is in the wrongful possession of the same.
- If the passport was obtained on the ground of suppression of material information or the information furnished by the person receiving the passport travel document or by any other person on his behalf is incorrect.
- If the person holding the passport deems it necessary in the interest of the divinity and integrity of India, the security system of India or the friendly relations of India with any country or in the interest of the public society.
- If the person in receipt of the travel document of the passport at any time after the issue of the travel document of the passport has been convicted through a court in India of any offense of moral turpitude, with imprisonment for a term exceeding two years. have been punished.
- If the proceedings relating to any offense alleged to have been committed by the person receiving the passport travel document are pending before any Criminal Court in India.
- If any of the conditions of the passport travel document are mentioned.
- If the person receiving the travel document of the passport has failed to comply with the notice under section 1 in which he is expected to surrender such document to that passport.
- If the attention of a person entitled to passport is drawn to the presence of the holder of the passport or travel document, a warrant or summons for his arrest has been issued by a court under any system for the time being in force. If an order is made by any such court restraining the recipient of the passport or other document from leaving India, the passport officer becomes aware that the warrant of honor has been so made or that any order has been so made. .
- Passport officer can invalidate the passport by-
- If the Passport Officer becomes aware that it is necessary in the public interest to make ineffective the passport travel document of any person, he may immediately invalidate the passport of the holder for a period of up to 4 weeks.
Under this Act, if any person is aggrieved by any order of the Passport Officer, then he can appeal it to the Appellate Officer made under this Act, but no appeal will be an appeal from the order of the Central Government. Appeal can be made only from an order made through the Passport Officer and his Junior Passport Officer. If he does not order the issuance of the passport on the application of the passport or confiscates or confines the passport, an appeal can be made against this order. Any order passed through the Appellate Officer shall be a final order and shall not be appealed to any court in India.
crime and punishment
- Certain offenses and punishment for them have been made within this act itself. It has been put in order to make the Crime and Punishment Act objective, Section 12 of the Act describes it.
- According to section 3 of the Act, if any person goes out of India without a passport or attempts to do so, then he is considered to be an offense under this Act.
- Under this Act, any person giving any false information for the purpose of obtaining passport or travel document or causes any information to be clouded and that is false and fake information, then it is also an offense under this Act.
- If the passport is ordered to be produced for inspection through the Passport Officer and the holder does not produce the passport, then it is also an offense under the Act.
- A passport given to another person knowing that it is another person’s passport and using it is also a crime. It is also a crime to use the passport given to himself by the passport officer even though he knows that the passport has been given to his own person, he will give the passport to another person.
- In consequence of committing any of these offences, a rule has been made to punish the accused with imprisonment of up to two years and with fine which may extend to 5000 rupees.
- If there is any person who is not a resident of India. Applying for or obtaining a passport by concealing any information as to his nationality. Anyone will receive a falsely forged passport travel document. shall be punished with imprisonment of either description for a term which may extend to not less than 1 year and with imprisonment of either description for a term which may extend to five years, and with fine which may extend to ₹10,000 and with fine which may extend to ₹50,000.
- For insulting these offences, the same punishment has been laid down as the punishment for the offending crime. The punishment for disobeying the rules and regulations made under this Act is also to be punished with imprisonment for a term which may extend to three months.
- If a person commits any of these offences again, he is punished with double the punishment of the offence.
In this article we have told you Under the Passport Act 1967, know in detail about the problems in which the passport can be confiscated. If you have any question related to this article, then you can ask through comment, we will respect your response.