• 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
407 Answers
58 Consultations
4.4 on 5.0
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
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
16310 Answers
151 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6402 Answers
71 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1344 Answers
93 Consultations
5.0 on 5.0
Sushil Jha
Advocate, Patna
190 Answers
2 Consultations
5.0 on 5.0