Passport Related Queries in Complex Cases
Have a Legal Case and Worried About Your Passport? Read This First Many people find themselves confused and stressed when they have a legal case—like an FIR, criminal complaint, or court case—and need to apply for or renew their passport. You may be wondering: Can I still travel? Will my passport get rejected? What if I need to go abroad for work or family reasons? These are genuine and important questions.
The rules around passports and legal cases can be tricky and depend on the type of case and whether it is still going on. In some cases, you may need permission from the court before you can get a passport or travel outside India. Other times, the issue may not affect your passport at all.
To make things clear, we’ve answered the most common questions in simple words—so you understand your rights and know what steps to take. Whether it’s about renewing your passport, getting a No Objection Certificate (NOC), removing your spouse’s name, or understanding how a police case affects your travel plans—this guide is here to help you.
If an FIR (First Information Report) has been filed against you, getting a passport can become difficult. The passport office may put your application on hold until they verify your legal status. For serious charges, you may need to get permission from the court handling your case. It’s always best to consult your lawyer and disclose the case while applying to avoid legal trouble later.
Yes, but with conditions. If there’s a criminal case pending against you in any court, you will need to get a No Objection Certificate (NOC) from that court. This is a written order saying the court has no problem with you getting or renewing your passport. Without this, your passport application may be rejected or delayed.
Just having an FIR doesn’t always stop you from getting a passport. However, if the FIR leads to a court case, or if it involves a serious offence, then you’ll need clearance from the court or police. In many cases, the Regional Passport Office may ask for a NOC or a police verification report before processing your application.
If your criminal case has been closed or you have completed your sentence and there are no legal restrictions on your travel, you can usually renew your passport. But if there are pending cases or you were convicted in a serious case, you might need special permission from the court before renewal.
Yes, but it depends on the details of the record. If a case is still pending or you’re out on bail, you’ll need the court’s permission to apply for a passport. If your record is old and there are no active cases, you may be eligible, but you should still disclose your history honestly in your application.
You’ll generally need the following:
- Your old passport (original and copy)
- Current address proof (like Aadhaar, voter ID, utility bill)
- Identity proof
- Two recent passport-size photographs
- Any supporting documents if there’s a name or detail change
- In some cases, a Police Clearance Certificate (PCC) may be required
Yes, it can. If a police case is pending, especially a criminal one, your passport application can be delayed or rejected. You may be asked to get a NOC from the court or police. Not disclosing this during the application process can also lead to your passport being cancelled later.
Yes, you can apply, but you must first get written permission (NOC) from the court where your case is ongoing. The court may allow you to travel depending on the seriousness of the case and your reason for travel. Without this, your application is likely to be put on hold.
If the accident case is civil in nature or there are no criminal charges, it usually doesn’t affect your passport application. But if the case involves criminal negligence (like a death or serious injury), the court may have a say, and you might need permission to travel.
If you are an accused in a domestic violence case, your passport application may be held for police verification. If a case is pending in court, you may need a NOC from the court. However, if it’s a false or weak case and there’s no travel restriction, courts often allow travel for valid reasons.
It depends on the country and the type of visa. Some countries may ask for police clearance or court documents. If there’s a serious criminal case against you, or if your passport is flagged, your visa renewal may be affected. Always consult with an immigration lawyer in such situations.
In most cases, no. The passport office generally requires a legal separation or divorce decree to remove a spouse’s name. If you’re separated but not legally divorced, you may not be able to change your marital status in the passport. An affidavit alone is usually not accepted.
You need to file an application (often called a “Miscellaneous Application”) in the court where your case is pending. In the application, explain why you need the passport (e.g., travel for job, education, medical reasons). If the judge is satisfied that you’re not a flight risk, they may issue a written NOC which you can submit with your passport application.
Technically, yes — unless a court or police authority has put a travel restriction or lookout circular (LOC) against your name. However, if the FIR is serious, or if you are under investigation, trying to leave the country without informing the court can lead to legal trouble. It’s always safer to get written court permission before international travel.
What is a Complex Case for Issuance/ Renewal of Passport?
The officers stationed at Passport Seva Kendra cannot handle specific cases, and the regional passport office has to be satisfied that certain formalities have been completed. These are complex cases before a passport can be issued/ renewed. The conditions which can be termed complex, amongst others, are:
- When an applicant has been convicted by a court in India or Abroad.
- When an applicant is facing a criminal case in an Indian court.
- When an applicant has a warrant or summons issued against him for facing a criminal trial or has an arrest warrant issued against him by a court in India.
- When an applicant has been imprisoned to serve a sentence within five years of the date of application.
- When an applicant has been prohibited from departing outside India by an Indian Court.
- When an applicant has been repatriated and has not made the reimbursement, the incurred expenditure is connected with the repatriation.
- When an applicant has returned to India through deportation from another country or EC or repatriation.
- When the applicant is a minor belonging to the state of Nagaland or Jammy & Kashmir.
- When the applicant is a minor belonging to divorced parents.
- When an applicant has changed their name except for married women who changed name owing to marriage.
- When an applicant’s parent has a foreign nationality.
- When an applicant’s photo ID has been compromised in the past, or there is a substantial change in their photograph from the past proofs.
- When an applicant wants reissuance of a Short Validity Passport.
- When an applicant’s current address is not in India.
- When an applicant has been denied a passport in the past.
- When an applicant’s earlier passport was revoked or impounded.
- When an applicant has applied or been granted asylum.
I have a criminal case like 498A pending against me, can I get a passport?
Yes, even when a person has a criminal case be it 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) or any other pending against him, he can get a passport. For that two formalities have to be completed. A. The permission from the court as required under GSR70 dated 28.08.1993. A sample application is available here. B. He has to give a self-declaration detailing the case/spending against him/ her also an undertaking that s/he would appear before the court as and when required.
I got my passport issued even after a criminal case, but it is for One Year only. Why?
Per the Passport Act, if any criminal case is pending against anyone, s/he can get only a Short Validity Passport. Short Validity Passport is valid for a maximum of One year and has to be renewed every year till court cases last.
I got divorced/ facing divorce/ separated but not facing divorce. Will my Passport renewal application be a Complex Case?
No, not anymore. Until recently, it was treated as a complex case. However, after the latest circular dated December 23, 2016, the conditions have been liberalized. You can get the name of the spouse deleted by self-declaration of your status. The need for producing a divorce decree is deleted. However, if your declaration is false, you can face a penalty per the Passport Act.
I am facing divorce case or likely to go through the same or am just separated from my spouse and I have my minor child with me. I want to apply for minor’s passport. Is it a Complex Case? How can I get passport?
The rules have been relaxed for single parents, who were previously treated as complex cases. In the case of a divorced parent or a parent having custody of a minor without a court order, a declaration under Annexure C is still required. The RPO would deal with the application on merits. However, if you are a non-custodial parent and are threatened that the minor will be moved out of the country, you should seek a prohibition order from the court.
I have cases liked Divorce, CrPC 125 and Domestic Violence pending against me. Does it also fall under Complex Cases?
Divorce/ Child Custody, etc, are civil cases, and no permission is required from any court for the issuance/ renewal of a passport. However, CrPC 125 and Domestic Violence cases are quasi-criminal. As long as the court has not issued any warrants of attachment/ production against you, you don’t need any permission from the court to get a passport. But once a warrant has been issued and, though later cancelled, you must obtain permission from the court. Not getting such authorization would be lying on oath under the passport act and can attract penalty/ punishment.
I have criminal case pending but that is in foreign country? Will it also be a complex case?
No, the Passport office in India would not classify this as a complex case as long as there is no conviction order against you from any foreign court.
Supreme Court Judgement on Renewal of Passport
Supreme Court on Passport Renewal with Pending Cases The Supreme Court has said that the right to travel is important, but if someone has a criminal case pending, they may need court permission to renew or get a passport. The passport office can hold your application if a case is going on. However, if there’s no travel ban and you have a valid reason—like work, study, or medical needs—the court can give a No Objection Certificate (NOC). This allows you to move forward with your passport application. The Court has also said that rules should be applied fairly and not used to harass people.
If you have any complex issues related to Passport renewal and need an answer, I suggest you contact me in person for advice on these matters.