• Can accused person re-apply for a passport

Hello, one of my friend is an accused under Section 67 in The Information Technology Act, 2000 for sending lewd messages to a girl on Orkut. He currently attends the cases against him and the case is still not resolved. His passport is expired and wants to reapply for passport renewal. Can he apply for same ? Is it mandatory to fill all the details of the pending case in the passport form. How does the passport office does the background check for the people who apply for passports. Kindly guide him.
Asked 3 years ago in Criminal Law from Pune, Maharashtra
He can apply for its renewal to the magistrate though in pending cases the court would allow renewal for a period of 1 year. Apply for passport renewal and post getting the order from the court submit the same to the passport office. While securing the order the court may require surety, if it is not given when the bail was secured under sec 67.

Thanks, 
Adv. Feroz Shaikh.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
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He can certainly apply for renewal of passport, but the renewal application may in all likelihood be rejected as he is facing a criminal trial. It is mandatory for him to furnish information respecting the pendency of a criminal case against him. Background check is conducted through police. Concealment of information regarding the pendency of a criminal case will expose him to a further prosecution under penal laws.

If passport office rejects the application for renewal then he may apply to the court which is seized of the matter.
Ashish Davessar
Advocate, Jaipur
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