• A company kept my passport and asking money to release passport

I got a job offer from a company, and the location was Johannesburg,S.A. They promised certain things and later they did not fullfilled all the offered things. by that time they took my passport for Visa. Now when i dont want to go Johannesburg, due to their change in offer. they are not giving my passport, and asking money in exchange of passport.

i did not signed any offer of the company. can i file an FIR for this ?

Thank you,
Singh
Asked 4 years ago in Labour

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20 Answers

Yes you can file a FIR against them further is there office located in India or any person who took your passport available in India. Though FIR against person abroad can be also filed but the execution in respect of same would be slower.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is illegal to retain passport in such case. Send out a representation followed by a complaint.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Client,

This amounts to criminal breach of trust, file police complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been harassed for no reason.

Secondly, when they gave you the offer that was also oral and you also gave consent in oral.

Thirdly, you should file a police complain for asking money for returning of your passport.

I am giving the above advice on the belief that they do not have anything in written signed by you about the same demand (even if they have then also it is arbitary).

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Without a court order, an employer/agent has no right to hold employee’s passport whatsoever. That practice represents a violation of freedom of movement in contravention of Article (19) (b) of the constitution.

you should lodge complaint immediately at nearest police station.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

First things first, please file an FIR. You will need it in case you have to apply for a fresh passport.

What you are describing constitutes theft and criminal breach of theft, with the former being punishable under section 406 and the latter under section 379 of the Indian Penal Code.

Please do this at the earliest. I hope this answers your query. Follow-up questions welcome.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

You should serve legal notice to the registered office of the company asking them to release your passport within seven days of receipt of the legal notice failing which, you would be constrained to file a police complaint against them.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If you have all the evidence against them you should approach your nearest police station and file a criminal complaint for the offence of criminal breach of Trust cheating and criminal intimidation under section 406, 420 and 506 of the Indian Penal Code.

If police refuse to register FIR you can approach registered under section 156 3 of the CRPC.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can issue a legal notice to company asking them to return the passport within one week that they have illegally kept with them if they fails then make a police complaint and intimate the Regional passport office.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

file FIR under section 406 of IPC for criminal breach of trust against the company

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

you can file FIR against company

2) issue company legal notice to return your passport

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

Better send legal notice first, still not handed over, complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Go directly to the police and let them do the rest. They have no right to keep your passport.

*criminal breach of trust

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

you should lodge complaint directly.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

As per the above information, it seems that they harassing you to pay money and holding your passport illegally. We have to verify the documents and communication emails to provide you legal help to get back your passport.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

Your passport is the property of Government of India and is issued to you by the president of Indian Republic.

No person has the authority to hold your passport and this is a crime a passport can only be on hold by the court if it is required by the court to restrict the travel of the person.

You need to approach to the police station in this regard and lodge FIR in this case against the travel company

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. This is theft and criminal breach of trust under Section 379 and 406 IPC by the company. If you have violated the contractual obligations cast on you then company can sue you in the civil court through a suit for recovery of money to seek damages, but it has no lien on your passport. So lodge the FIR in the nearest police station.

2. You don't tell the conceived legal recourse to the person against whom you are proceeding.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please file an FIR immediately with information of Indian Embassy at Johannesburg through

Ministry of Foreign Affairs annex copies of all email etc means what you have as a proof.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can lodge a criminal complaint agaisnt the company for illegal extortion of money and also for not returning the passport etc.

You can issue a legal notice to the company about this and also can claim compensation for damages due to their such insulting and illegal activities.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

i have all the conversations in an email, phone and whatsapp. i did not signed any document. neither i wrote an acceptance email to the company.

can i tell company about legal actions or shall i go directly to police station ?

You can go to the police station directly and loge the complaint against the company.

You need inform the company before approaching police, because there are chances that they will bribe the police who will not entertain your complaint.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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