PASSPORTS ACT, 1967
1. Short title and extent
2. Definitions 1
3. Passport or travel document for departure from India 2
4. Classes of passports and travel documents 4
5. Applications for passports, travel documents, etc., and orders thereon 5
6. Refusal of passports, travel documents, etc. 7
7. Duration of passports travel documents 9
8. Extension of period of Passport 10
9. Conditions and forms of passports and travel documents 11
10. Variation, impounding and revocation of passports and travel documents 11
10A. Suspension of passports or travel documents in certain cases 15
10B. Validation of intimations 17
11. Appeals 17
12. Offences and penalties 19
13. Power to arrest 22
14. Power of search and seizure 22
15. Previous sanction of Central Government necessary 22
16. Protection of action taken in good faith 22
17. Passports and travel documents to be property of Central Government 23
18. [Omitted by the Passports (Amendment) Act, 1993, w.e.f. 1-7-1993] 23
19. Passports and travel documents to be invalid for travel to certain countries
20. Issue of passports and travel documents to persons who are not citizens of India
21. Power to delegate
22. Power to exempt
23. Act to be in addition to certain enactments
24. Power to make
25. Change of short title of Act 34 of 1920
26. [Omitted by the Passports (Amendment) Act, 1993, w.e.f. 1-7-1993]
PASSPORT (ENTRY INTO INDIA) ACT, 1920
1.
5.
6. [Omitted by the Part B States (Laws) Act, 1951, w.e.f. 22-2-1951]
PASSPORTS RULES, 1980
1.
4.
5. Form of applications
6. [Omitted by the Passports (Second Amendment) Rules, 1985, w.e.f. 1-11-1985]
7. [Omitted by the Passports (Amendment) Rules, 2020, w.e.f. 2-6-2020]
8. Fee payable on applications
9. Collection of fees
10. Refund
11.
12. Duration of passports or
13. Issue of additional passport or travel document in special circumstances
14. Appellate authorities
15. Fee payable in respect of
16. Procedure to be followed by
17.
and
18. Inspection of passport or travel
19. The
20.
PASSPORTS APPLICATION
4. Passport Seva Laghu Kendras
5. Post Of ce-Passport Seva Kendras
PASSPORT (ENTRY INTO INDIA) RULES, 1950
Passport (Entry Into India)
Passports Act, 1967
[15 OF 1967*]
An Act to provide for the issue of passports and travel documents, to regulate the departure from India of citizens of India and other persons and for matters incidental or ancillary thereto.
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows:—
Short title and extent.
1. (1) This Act may be called the Passports Act, 1967.
(2) It extends to the whole of India and applies also to citizens of India who are outside India.
COMMENTS
SECTION NOTES
1.1 Short Title [Section 1(1)]
The Act is officially titled the Passports Act, 1967.
1.2 Territorial Extent [Section 1(2)]
1.2-1 Application Within India:
The Act extends to the whole of India, covering all territories under Indian sovereignty.
1.2-2 Extra-Territorial Application:
The Act applies to Indian citizens outside India:
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “departure”, with its grammatical variations and cognate expressions, means departure from India by water, land or air;
(b) “passport” means a passport issued or deemed to have been issued under this Act;
(c) “passport authority” means an officer or authority empowered under rules made under this Act to issue passports or travel documents and includes the Central Government;
* Dated 24-6-1967.
(d) “prescribed” means prescribed by rules made under this Act; (e) “travel document” means a travel document issued or deemed to have been issued under this Act.
COMMENTS
SECTION NOTES
2.1 Departure [Section 2(a)]:
Includes leaving India by water, land, or air.
Covers all modes of international travel, ensuring comprehensive regulation.
2.2 Passport Authority [Section 2(c)]:
Refers to the officer or authority empowered to issue passports or travel documents, including:
Officials designated under rules made under this Act.
The Central Government, ensuring centralized oversight.
2.3 Travel Document [Section 2(e)]:
Includes documents issued or deemed issued under this Act that enable international travel, other than regular passports.
CASE LAWS
Passport as Property Under Penal Code - The Supreme Court af rmed that a passport, being a tangible document that provides international travel bene ts and recognizes citizenship, quali es as “property” under sections 415 and 420 of the IPC. The case arose from a conspiracy involving fraudulent passport applications, resulting in unauthorized issuance of passports. The Court held that a passport’s value to its holder and potential misuse under fraudulent circumstances render it property, even without inherent monetary value. This classi cation supported the conviction for cheating and criminal conspiracy.—Nrisingha Murari Chakraborty v. State of W.B. AIR 1977 SC 1174.
Nature of Passport as Property - The Supreme Court, examining the nature of passports, emphasized that a passport is a political document conferring upon its holder the recognition of citizenship and serving as a request for free passage internationally. It is a crucial travel document, representing tangible value and ownership rights. Initially, it remains the State’s property when held by the issuing authority but transitions to the grantee’s property upon issuance. The Court clari ed that even without direct monetary value, a passport is “property” under sections 415 and 420 of the IPC, as it holds intrinsic importance for its holder. This determination was critical to af rming the conviction for cheating the passport authority through false representations.—Nrisingha Murari Chakraborty v. State of W.B. 1977 Cri LJ 961.
Passport or travel document for departure from India.
3. No person shall depart from, or attempt to depart from India, unless he holds in this behalf a valid passport or travel document.
Explanation.—For the purposes of this section,—
(a) “passport” includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions
prescribed under the Passport (Entry into India) Act, 1920 (34 of 1920), in respect of the class of passports to which it belongs; (b) “travel document” includes a travel document which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed.
COMMENTS
SECTION NOTES
3.1 Requirement for Valid Documentation
No person is permitted to depart from India or attempt to depart without possessing a valid: Passport, or Travel Document.
3.2 Explanation of Key Terms
3.2-1 Passport [Section 3(a)]: Includes:
Passports issued by foreign governments. Such passports must comply with the conditions prescribed under the Passport (Entry into India) Act, 1920, for the class of passports to which they belong.
3.2-2 Travel Document [Section 3(b)]:
Includes:
Travel documents issued by foreign governments. These must also satisfy conditions prescribed under relevant rules.
CASE LAWS
Visa Violations and Unlawful Stay - The Nagpur High Court ruled that under section 3 of the Passports Act, 1920, a person entering India on a limited-duration visa cannot overstay beyond the permitted period unless protected under Articles 5 to 10 of the Constitution. In this case, a widow who returned to India on a single-journey visa after residing in Pakistan was found liable for unlawful stay after exceeding her visa’s validity. The Court underscored the importance of compliance with visa conditions, emphasizing that personal intent to settle cannot override legal provisions.—Karimun Nisa v. State Government of M.P. AIR 1955 Nag 6.
Prosecution Without Central Government Sanction - The Allahabad High Court upheld the acquittal of two accused charged under Section 3 of the Passports Act, 1967, for lacking the mandatory sanction required under Section 15 of the Act. The Court noted that prosecution for offences under the Passports Act is invalid without prior approval from the Central Government. As no such sanction was obtained, the Trial Court’s decision to acquit the accused was affirmed.—State of U.P. v. Gayur AIR ONLINE 2019 ALL 3106.
Unauthorized Possession of Foreign Passport - The Supreme Court considered whether possessing a Pakistani passport violated Section 3 of the Passports Act, which restricts departure from India without a valid passport or travel document. The Court clarified that mere possession of a foreign passport does not contravene Section 3 unless the person attempts to leave India. The accused, who held both Indian and Pakistani passports, was found to have entered India lawfully but had not attempted departure, making his conviction under Section 12 of the Act unsustainable.—Akmal Ahmad v. State of Delhi AIR 1999 SC 1315.
Traveling Without Valid Passport - The Allahabad High Court upheld the conviction of the appellant, a Bangladeshi national, under section 3 of the Passports Act, 1967, for traveling without a valid passport or transfer document. The Court observed that the accused failed to provide credible evidence of possessing a valid passport and rejected her claims of Indian nationality due to inadequate and inadmissible documentary proof. This reinforced the statutory requirement of valid travel documents for foreign nationals in India.—Smt. Fatma v. State of U.P. 2018 (2) ALJ 552.
Classes of passports and travel documents.
4. (1) The following classes of passports may be issued under this Act, namely:—
(a) ordinary passport;
(b) Official passport;
(
c) diplomatic passport.
(2) The following classes of travel documents may be issued under this Act, namely:—
(a) emergency certificate authorising a person to enter India;
(b) certificate of identity for the purpose of establishing the identity of a person;
(
c) such other certificate or document as may be prescribed.
(3) The Central Government shall, in consonance with the usage and practice followed by it in this behalf, prescribe the classes of persons to whom the classes of passports and travel documents referred to respectively in sub-section (1) and sub-section (2) may be issued under this Act.
COMMENTS
SECTION NOTES
4.1 Classes of Passports [Section 4(1)]
Types of Passports:
4.1-1 Ordinary Passport:
Issued for general purposes, such as international travel for leisure, education, or employment.
4.1-2 Of cial Passport:
Issued to individuals traveling on official government business, excluding those eligible for diplomatic passports.
4.1-3 Diplomatic Passport:
Issued to individuals representing India in diplomatic or consular capacities, such as diplomats and high-ranking officials.
4.2 Classes of Travel Documents [Section 4(2)]
Types of Travel Documents:
4.2-1 Emergency Certificate:
Authorizes a person to enter India, typically issued in cases of emergencies, such as lost passports or deportation. S. 4
4.2-2 Certificate of Identity:
Establishes the identity of a person, often for stateless individuals or refugees.
4.2-3 Other Certificates or Documents:
Includes additional certificates or documents prescribed by the Central Government to address specific needs or circumstances.
4.3 Issuance Guidelines [Section 4(3)]
The Central Government is responsible for:
Defining the classes of persons eligible for each class of passport or travel document. Ensuring issuance aligns with established usage and practices. Rules and criteria for issuance are framed to maintain consistency and transparency.
Applications for passports, travel documents, etc., and orders thereon.
5. 1[(1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by 2[such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents].
Explanation.—In this section, “named foreign country” means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.
(1A) An application for the issue of—
(i) a passport under this Act for visiting a named foreign country; or (ii) a travel document under this Act, for visiting such foreign country or countries (including a named foreign country) as may be specified in the application or for an endorsement on the passport or travel document referred to in this section, may be made to the passport authority and shall be accompanied by such fee (if any) not exceeding rupees fifty, as may be prescribed.
(1B) Every application under this section shall be in such form and contain such particulars as may be prescribed.]
(2) On receipt of an application 3[under this section], the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing,—
1. Substituted by the Passports (Amendment) Act, 1978, w.e.f. 18-8-1978. Prior to substitution, sub-section (1) read as under:
“(1) An application for the issue of a passport or travel document under this Act, or for an endorsement on such passport or travel document, for visiting such foreign country or countries as may be specified in the application may be made to the passport authority and shall be in such form, contain such particulars and be accompanied by such fee (if any) not exceeding rupees twenty-five as may be prescribed.”
2. Substituted for “a fee of rupees fifty” by the Passports (Amendment) Act, 1993, w.e.f. 1-7-1993.
3. Inserted by the Passports (Amendment) Act, 1978, w.e.f. 18-8-1978. 5 PASSPORTS ACT, 1967 S. 5
PASSPORTS ACT 1967 WITH RULES –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER :
TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364555883
NO. OF PAGES : 184
BINDING TYPE : PAPERBACK
DESCRIPTION
Passports Act 1967 with Rules [Bare Act with Section Notes] by Taxmann is a comprehensive legal reference compiling the entire text of the Act, its associated rules, and allied legislation. This updated volume includes all amendments in force up to the latest date. It provides section-wise commentary to elucidate complex provisions, making it an essential guide to India's passports and travel documents law. This book is intended for the following audience:
• Lawyers & Advocates
• Judicial Officers & Academicians
• Government Officials & Passport Authorities
• Students of Law
• General Readers & Travelers
The Present Publication is the 2025 Edition, covering the amended and updated text of the Passports Act [Act No. 15 of 1967] and Rules, with the following noteworthy features:
• [Complete Text of the Passports Act, 1967 & Allied Laws] Updated Bare Act with sections, sub-sections, provisos, and schedules
• [Relevant Updates & Amendments] Includes the latest amendments and notifications up to 2025
• [Pre-amendment Provisions] Provides older versions of the amended text in footnotes for historical context
• [Incorporation of Rules & Supplementary Legislation] Covers the Passport (Entry into India) Act, 1920; Passports Rules, 1980; Passports Application (Facilitation and Processing) Rules, 2010; and the Passport (Entry into India) Rules, 1950
• [Section-wise Notes & Commentary] Explains legislative intent, interpretation, and procedural details
• [Practical Guidance] Discusses procedures, penalties, exemptions, and relevant forms for passport issuance, renewal, impounding, and revocation
• [User-friendly Layout] Offers clear text, simple cross-referencing, and an intuitive subject index