Getting a passport in existence of pendency of criminal proceeding depends on a case-to-case basis and is covered by Section 6 of Indian Passports Act. The general procedure in such cases is dependent upon the magnitude of crime and the nature of criminal proceedings and the offence and you can hire best criminal lawyers in India for help.

If the crime is of a mild degree or of amount not exceeding a few thousands or of a crime wherein imprisonment is less than 1 year, you can obtain passport only after the leave of the Court is granted. It is important to understand that reason behind non-issuance of passport is to ensure that the accused does not flee away, the victim gets justice, and proceedings can be continued. In this view, if the crime is not of a large magnitude, an application can be sent to the Court where the case is pending listing the reasons to obtain passport, desired dates of journey, and an assurance that the accused will not flee away.

If the crime is of a large magnitude and involves lakhs of money or relates to robbery, murder or any such non-bailable offence or an offence wherein arrest is or can be made to ensure the presence of the accused, it is difficult to obtain a passport for the simple reason that the Court fears that the victim will flee away. Thus, it is advisable that you consult a good criminal litigation lawyer in India who can move your application to Court efficiently to ensure that you are given the relief you seek.

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