Passport Seizure by Police or Court: When Is It Legal & What You Can Do
A passport is an essential identity and travel document. But in some legal situations, it may be taken away by the police or court. Many people are confused about when this action is legal and what a person can do in such cases.
In this blog, we explain everything you need to know about Passport Seizure by Police or Court in India.
What Is Passport Seizure?
Passport seizure means taking physical possession of your passport by any authority. It is usually done to ensure that the accused or any person under investigation does not leave India.
However, seizure must be done only as per law, not randomly.
Passport Seizure by Police: When Is It Legal?
Police cannot take your passport without following proper legal procedure. Under Indian law:
✔ 1. Police Can Take a Passport Only During Investigation
If the passport is evidence in a criminal case, the police may temporarily seize it under:
Section 102 CrPC (Power to seize property).
✔ 2. Police Must Give a Seizure Memo
Whenever they take the passport, they must give you a seizure memo (panchnama).
✔ 3. Police Must Report to the Magistrate
After seizing any property (including passports), the police must inform the Magistrate immediately.
✔ Important:
Police cannot impose a travel ban on their own.
Only a court can restrict your travel.
Passport Seizure by Court: When Is It Legal?
A court may order Passport Seizure in the following situations:
✔ 1. When You Are an Accused in a Criminal Case
Courts can restrict international travel or ask you to deposit your passport to ensure your presence.
✔ 2. When There Is a Possibility of You Leaving India
If the court feels you may leave India to avoid trial, it can order seizure.
✔ 3. When Passport Is Needed as Evidence
In some cases, the court may require your passport for verification.
What Are Your Rights If Your Passport Is Seized?
You still have legal rights.
✔ 1. You Can Apply for Passport Release
You may file an application before the concerned court requesting release of your passport for:
Travel abroad
Work related reasons
Medical treatment
Studies
Family emergency
✔ 2. You Can Request Court Permission for Travel
Courts often allow travel abroad if:
Date of return is mentioned
Surety/bond is submitted
No obstruction to investigation
✔ 3. You Can Challenge Improper Seizure
If the police seized your passport illegally, you can challenge it before:
Magistrate Court
High Court under Article 226
Passport Authority under Passport Act, 1967
Passport Seizure Under Passport Act, 1967
The passport authority may cancel, impound, or suspend a passport under Section 10. But they must:
Give reasons
Provide a written order
Allow you to appeal
This ensures transparency and fairness.
What You Should Do If Your Passport Has Been Seized? (Step-by-Step)
Step 1: Get a copy of seizure memo or the court order.
Step 2: Contact an experienced criminal and passport law advocate.
Step 3: File an application for release of passport or for travel permission.
Step 4: Provide supporting documents (job letter, medical proof, tickets, etc.).
Step 5: Attend the court hearing and follow conditions imposed by the court.
Why You Need a Lawyer
Legal proceedings involving passports are technical. An experienced lawyer can:
Check if seizure was lawful
Argue for immediate release
Get permission for urgent travel
File a writ petition if needed
FAQ: Passport Seizure by Police or Court
1. Can police take my passport without a warrant?
Yes, but only during investigation under Section 102 CrPC, and they must inform the court.
2. Can police stop me from travelling abroad?
No. Only the court can restrict travel.
3. Can I get my passport back if I need it urgently?
Yes, courts regularly grant temporary release for work, studies, and medical emergencies.
4. Can the passport authority cancel my passport without hearing me?
No. They must give you a written order and opportunity for explanation.