PASSPORT ACT , 1967

Significance
• A symbol of identity, citizenship, and the key to global exploration.
Issued by the Government of India,
• Serves as an official travel document that grants Indian citizens the
privilege of international mobility.
• Plays a pivotal role in facilitating cross-border travel for purposes
ranging from tourism and business to education and employment.
• Embodies the diverse aspirations and experiences of its holders,
reflecting the nation’s commitment to providing its citizens with a
gateway to the world.
• With its distinct blue cover, the Indian passport not only signifies
citizenship but also signifies a commitment to global engagement.
Embedded with security features to prevent forgery, the passport
ensures the integrity of the holder’s identity.
Historical Background of Passport in
India
• Colonial Era:
• During British rule, the concept of travel documents began to take shape.
Passports were initially introduced to regulate the movement of British
subjects within the British Indian territories.
• Post-Independence (1947):
• After gaining independence in 1947, India continued to use passports
inherited from the British colonial administration. The format and design
were gradually adapted to reflect the new nation’s identity.
• Passport Act of 1967:
• The Passport Act was enacted in 1967, providing a legal framework for
passport issuance, regulation, and related matters. This marked a significant
step in establishing a systematic process for obtaining passports in India.
Contd.
• In Satwant Singh Sawnhey v. D. Ramarathnam, Asst. Passport
Officer, the Supreme Court has held that a right to travel is
a Fundamental right under Article 21 of the Indian Constitution , and
the government has no right to refuse a passport to a person who
has applied for the same.
• It thus became necessary to regulate the issuance of passport and
travel documents by law. Prior to the act, the government had issued
passports in exercise of its executive power on foreign relations.
• As, the Parliament was not in session at that time, the President of
India promulgated an ordinance namely "The Indian Passport
Ordinance, 1967 (4 of 1967)".[2] The aforesaid act was passed to
replace the ordinance.
Objectives
• The Act replaced the Indian Passport Ordinance 1967 and was enacted
by Act 15 of 1967 with retrospective effect from 5 May 1967.
• The Act describes the procedures in getting an Indian passport, which
replaced the British Indian passport and The Passport Act of 1920.
• In conformity with Article 9 of the Indian Constitution, the Act does
not allow dual citizenship.
• Under Section 12 of the Act, a person must surrender his passport if he
has acquired the citizenship of a foreign country.
Uses of Passports in India

• International Travel: The primary purpose of a passport is to facilitate international

travel. It serves as a proof of identity and citizenship, allowing Indian citizens to enter
or exit other countries.
• Visa Application: Many countries require individuals to obtain a visa before entering.
A passport is a necessary document for applying for visas, and it often needs to be
valid for a certain period beyond the intended stay.
• Verification of Identity: A passport is a government-issued identification document
that verifies the identity and citizenship of the passport holder. It includes personal
details such as name, photograph, date of birth, and place of birth.
• Official Documentation: Passports are commonly used as a form of official
identification for various purposes, such as opening a bank account, applying for a
job, or obtaining other government-issued documents.
• Emergency Consular Assistance: When Indian citizens face emergencies or require
assistance while abroad, the Indian embassies or consulates can provide consular
services. A valid passport is crucial for accessing these services.
Benefits of Passport

• International Travel: The primary purpose of a passport is to facilitate

international travel. It allows individuals to visit other countries for
tourism, business, education, or any other legitimate purpose.
• Global Identification: A passport serves as a globally recognized
identification document. It includes personal information such as
name, photograph, and nationality, providing a standardized and
widely accepted form of identification.
• Visa Application: Many countries require individuals to obtain a visa
for entry. A passport is a prerequisite for applying for a visa, and
having one makes the visa application process smoother.
• Proof of Citizenship: A passport is an official document issued by the
government, serving as proof of citizenship. It confirms the holder’s
legal status as a citizen of the issuing country.
Contd.
• Consular Assistance: In case of emergencies or unforeseen circumstances
abroad, the passport holder can seek assistance from their country’s
embassy or consulate. Consular services may include assistance with lost or
stolen passports, medical emergencies, and legal issues.
• International Banking and Transactions: Some international financial
transactions and services may require a passport as a form of identification.
Opening a bank account in a foreign country, for example, often requires a
valid passport.
• Official Documentation: A passport is a widely accepted form of
identification for various official purposes, both internationally and
domestically. It can be used for activities such as applying for a job, obtaining
government services, or verifying identity in official transactions.
• Global Mobility: Having a passport enhances an individual’s global mobility
and opportunities. It allows for participation in international events,
conferences, and collaborations, fostering global connections and
networking.
Assistance by Government
• Passport Control System:
• Over the years, the Indian government implemented technological
advancements to enhance the passport issuance system. The introduction of
computerized systems and databases streamlined the application process.
• Passport Seva Kendra (PSK):
• In 2010, the Ministry of External Affairs launched the Passport Seva Project,
aiming to further modernize and improve passport services. Passport Seva
Kendras were established across the country to provide more efficient and
citizen-friendly services.
• E-Governance Initiatives:
• The Indian government has continually invested in e-governance initiatives to
make the passport application and issuance process more accessible and
transparent. Online application systems, appointment scheduling, and tracking
facilities were introduced to facilitate the process.
Contd.
• Biometric Data and Security Features:
• In line with international standards, India introduced biometric
features, such as fingerprinting and facial recognition, to enhance
the security of passports. These measures help prevent forgery and
unauthorized use.
• International Cooperation:
• India has actively participated in international efforts to enhance
passport security and travel document standards. This includes
adhering to the guidelines set by the International Civil Aviation
Organization (ICAO).
Types of Passport in India
Official Passport (White Cover): This
Ordinary Passport (Blue Cover): This is type of passport is issued to
the most common type of passport individuals representing the Indian
issued to Indian citizens for ordinary government on official business. It is
travel, such as tourism, business, typically given to government
education, and family visits. employees, diplomats, or those
traveling on government duty.
Contd.
Diplomatic Passport (Maroon Jumbo Passport: The Jumbo Passport is
Cover): Diplomatic passports are issued an ordinary passport with extra pages,
to individuals representing the Indian suitable for frequent travelers or those
government in diplomatic capacities. This who require more visa pages due to
includes high-ranking officials, diplomats, extensive travel.
and ambassadors
Other Documents

• Emergency certificate authorising a person to enter India;

• Certificate of identity for the purpose of establishing the identity
of person;
• Such other certificate or document as may be prescribed.
Impounding of passport

• The passport authority may impound or cause to be impounded or revoke a

passport or travel document:
• if the passport authority is satisfied that the holder of the passport or travel
document is in wrongful possession thereof;
• if the passport or travel document was obtained by the suppression of material
information or on the basis of wrong information provided by the holder of the
passport or travel document or any other person on his behalf;
• if the passport authority deems it necessary so to do in the interests of the
sovereignty and integrity of India, the security of India, friendly relations of India
with any foreign country, or in the interests of the general public;
• if the holder of the passport or travel document has, at any time after the issue of
the passport or travel document, been convicted by a court in India for any
offence involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than two years;
Contd.
• if proceedings in respect of an offence alleged to have been committed by
the holder of the passport or travel document are pending before a
criminal court in India;
• if any of the conditions of the passport or travel documents is contravened;
• if it is brought to the notice of the passport authority that a warrant or
summons for the appearance, or a warrant for the arrest, of the holder of
the passport or travel document has been issued by a court under any law
for the time being in force or if an order prohibiting the departure from India
of the holder of the passport or other travel document has been made by
any such court and the passport authority is satisfied that a warrant or
summons has been so issued or an order has been so made;
• A court convicting the holder of a passport or travel document of any
offence under this Act or the rules made thereunder may also revoke the
passport or travel document.
Maneka Gandhi Vs. Union of India(1978 AIR 597)

• The petitioner (Maneka Gandhi) was a journalist whose passport was

issued on June 1, 1976, under the Passports Act, 1967. Later on July
2nd, 1977, the Regional Passport Officer, New Delhi, ordered the
petitioner to surrender her passport by a letter posted. On being
asked about the reasons for her passport confiscation, the Ministry of
External Affairs declined to produce any reasons “in the interest of
the general public.”
• Therefore, the petitioner had filed a writ petition under Article 32 of
the Constitution of India stating the size of her passport as a violation
of her fundamental rights, specifically Article 14 (Right to Equality),
Article 19 (Right to Freedom of Speech and Expression) and Article 21
(Right to Life and Liberty) guaranteed by the Constitution of India.
The Judgement
• The Court held that Section 10(3)(c) of the Passports
Act 1967, is not violative of any fundamental rights,
especially Article 14.
• In the present case, the petitioner is not discriminated
against in any manner under Article 14 because the
statute provided unrestricted powers to the authorities.
The ground of “in the interests of the general public” is
not vague and undefined, rather it is protected by
certain guidelines which can be borrowed from Article
19.
Restriction on granting passport

• The passport authority or central shall refuse to issue passport on

any one or more of the following grounds, and no other ground
• that the applicant may, or is likely to, engage in such country in
activities prejudicial to the sovereignty and integrity of India:
• that the presence of the applicant in such country may, or is likely to,
be detrimental to the security of India;
• that the presence of the applicant in such country may, or is likely to,
prejudice the friendly relations of India with that or any other country;
• that in the opinion of the Central Government the presence of the
applicant in such country is not in the public interest;
Contd.
• that the applicant is not a citizen of India;
• that the applicant has, at any time during the period of five years
immediately preceding the date of his application, been convicted by a
court in India for any offence involving moral turpitude and sentenced in
respect thereof to imprisonment for not less than two years;
• that proceedings in respect of an offence alleged to have been committed
by the applicant are pending before a criminal court in India;
• that a warrant or summons for the appearance, or a warrant for the arrest,
of the applicant has been issued by a court under any law for the time
being in force or that an order prohibiting the departure from India of the
applicant has been made by any such court;
• that the applicant has been repatriated and has not reimbursed the
expenditure incurred in connection with such repatriation.
 Key features of the Passport Act in
India
• Passport Issuance and Denial:
• The Passport Act outlines the procedures for applying, issuing, and
renewing passports for Indian citizens. It also specifies the grounds on
which a passport application can be denied, such as potential threats to
national security.
• Passport Authorities:
• The Act designates authorities responsible for issuing passports, including
the Central Government and Regional Passport Offices. It defines their
powers and functions in the passport issuance process.
• Validity and Renewal:
• The Passport Act prescribes the validity period for passports, which is
typically 10 years for adults and 5 years for minors. It also outlines the
process for renewing passports upon expiration.
•
Contd.
• Categories of Passports:
• The act categorizes passports into different types, including Ordinary Passports,
Official Passports, and Diplomatic Passports, each serving specific purposes. The
features and privileges associated with each type are defined in the act.
• Offenses and Penalties:
• The Passport Act specifies offenses related to passport forgery, unauthorized use,
and providing false information during the application process.
• It outlines penalties, including fines and imprisonment, for individuals found guilty of
such offenses.
• Impounding and Revocation:
• The act allows for the impounding or revocation of passports in certain
circumstances, such as cases involving criminal investigations, national security
concerns, or non-compliance with passport regulations.
Contd.
• Appeals and Review:
• Individuals whose passport applications are denied or whose
passports are impounded have the right to appeal.
• The Act outlines the process for filing appeals and seeking reviews
of decisions made by passport authorities.
• Passport Seva Kendra (PSK):
• The act supports the establishment of Passport Seva Kendras to
streamline and modernize the passport application process. These
centers provide services related to the issuance of passports and
help ensure accessibility for citizens.
Difference between Passport & Visa

• Passport: A passport is a document that verifies the identity and

nationality of the holder. It is issued by the government of the individual’s
home country and is required for international travel.
• Visa: A visa is a specific endorsement or permission granted by a foreign
country that allows the passport holder to enter and stay in that country
for a designated period and purpose.
• Issuing Authority:
• Passport: Issued by the government of the individual’s home country. It
serves as a proof of citizenship and identity.
• Visa: Issued by the government of the country the individual intends to
visit. It grants permission for entry and outlines the conditions of the visit.
Contd.
• Contents:
• Passport: Contains personal information such as the holder’s name,
photograph, date of birth, nationality, and a unique passport number. It
may also include information about previous international travel.
• Visa: Contains information specific to the visit, such as the purpose of the
trip, the allowed duration of stay, and any restrictions or conditions
imposed by the host country.
• Application Process:
• Passport: Obtained through an application process with the individual’s
home country’s passport-issuing authorities.
• Visa: Obtained through an application process with the consular or
embassy office of the country the individual intends to visit. The
requirements for obtaining a visa vary by country and visa type.
Contd.
• Validity:
• Passport: Generally valid for a specific period, often 5 or 10 years, after
which it needs to be renewed.
• Visa: Valid for a specific duration depending on the type of visa and the
conditions set by the host country. Visas may be single-entry, multiple-
entry, or for a specific purpose (e.g., tourism, business, study).
• In summary, a passport is a universal identification and
citizenship document, while a visa is a country-specific
authorization allowing entry and stay for a defined purpose and
duration.
• Travelers typically need both a valid passport and an appropriate
visa to undertake international journeys.
Process of getting a Passport in India

• Preparation:
• Gather the necessary documents, including proof of identity, proof
of address, and proof of date of birth.
• Ensure that you have recent passport-sized photographs meeting
the specified requirements.
• Online Application:
• Visit the official Passport Seva website
([Link]
• Register on the website and create a user account.
• Fill in the online passport application form with accurate details.
• Choose the appropriate passport service (fresh, reissue, etc.) based
on your requirements.
Contd.
• Passport Issuance:
• Once the police verification is completed and found satisfactory,
the passport will be processed.
• The passport will be dispatched to your registered address.
• Track Application Status:
• You can track the status of your passport application online using
the application reference number.
• It’s important to note that the passport application process
may vary for different categories such as fresh applications,
reissues, and minor passports.
Contd.
• Appointment Booking:
• After completing the online application, schedule an appointment at the nearest Passport Seva
Kendra (PSK) or Passport Office.
• Pay the applicable fee online.
• Visit the Passport Seva Kendra (PSK):
• On the scheduled date and time, visit the PSK with the required documents and a printout of
the application receipt.
• Complete the biometric verification process, including fingerprinting and photographing.
• Document Verification:
• Submit the original documents for verification.
• The Passport Seva Kendra officials will review your application and documents.
• Police Verification:
• After the application is accepted, the police in your area will conduct a verification check.
• In some cases, a pre-police verification may be initiated before the passport appointment.
 Offences and Penalties
• As per Section 12 of the Passports Act of 1967, a punishment of maximum
imprisonment for 5 years but not less than a year, or a maximum fine of Rs
50,000 but not less than Rs 10,000, or both may be imposed for the
following offences:
• If someone holds a travel document or passport that is forged.
• If an individual obtains a passport or applies for a passport by concealing
their nationality information.
• A punishment of imprisonment for a maximum term of 2 years or a
maximum fine of Rs 5000 or both are imposed for the following offences:
• If a person allows another person to use a passport or travel document
issued to them.
• If a person departs or attempts to depart from India without holding a valid
passport.
Contd.
• If a person knowingly uses a passport or travel document issued to another person.
• If a person, with the intention of obtaining a passport or a travel document, furnishes
false information about oneself or withholds any information.
• If a person, when asked by the prescribed authority, fails to produce his/her passport or
travel document.
• If a person alters any entries made in a passport or travel document, without being
lawfully authorised to do the same.
• A punishment of a maximum imprisonment of 3 months, or a fine of Rs. 500, or both
may be imposed on a person contravening any conditions of a passport or a travel
document. Such a punishment is also prescribed for contravening the provisions of the
Act.
• For a subsequent offence under this Act, any offender will be punished with double the
penalty provided for the respective offences