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Section3
The Passports Act, 1967

Passport or travel document for departure from India

In force From 24 Jun 1967 Act 15 of 1967 As on 15 Oct 2026

Act 15 of 1967 Ministry External Affairs Enacted 24 Jun 1967 In force 24 Jun 1967 Cited by 3 provisions Instruments 34

Section 3 of the Passports Act, 1967 deals with passport or travel document for departure from India. No person shall depart from, or attempt to depart from India unless he holds in this behalf a valid passport or travel document. The Act came into force on 24 Jun 1967.

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.

Section 3, The Passports Act, 1967 (Act 15 of 1967).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 3

  1. Haj Committee Act s. 35 Powers of Committee to issue Pilgrim Passes and levy fees
  2. Immigration and Foreigners Act s. 3 Requirement of passport or other travel document and visa
  3. s. 12 Offences and penalties

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Akmal Ahmad vs State of Delhi

    Supreme Court of India 24 Mar 1999 Binding (SC) with persuasive value on TADA interpretation jurisprudence

    Court's Decision & Legal Precedent

    The Passports Act, 1967 applies only to departure from India or attempt to depart. Possession of a foreign passport while in India, even if obtained under false identity in the issuing country, does not violate the Passports Act. Further, where unauthorized possession of arms falls within a notified area under TADA, the statutory presumption that such possession is for terrorist or disruptive activities arises upon proof of possession alone. This presumption is rebuttable but operates as a matter of law. Where the accused does not rebut the presumption and no evidence supports rebuttal, conviction under Section 5 of TADA is sustainable even when Section 25 of the Arms Act would also apply, as TADA offence is more aggravated and specifically addresses terrorist-prone areas.

    On this section: Requires valid passport or travel document for departure from India; applies only at point of departure, not entry into India; foreign passports fall within explanation clause (a)

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 32 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 3

What have the courts held on Section 3 of the Passports Act?

Akmal Ahmad vs State of Delhi (24 Mar 1999) is the leading judgment on this section among those set out below: Requires valid passport or travel document for departure from India; applies only at point of departure, not entry into India; foreign passports fall within explanation clause (a).

How do I find court cases under Section 3 of the Passports Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Passports Act 1967 3, section 3 Passports Act 1967, section 3 of the Passports Act. People searching for it also type passport act 3a and passport act 3 6. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Akmal Ahmad vs State of Delhi (24 Mar 1999).

What should I read with Section 3 of the Passports Act, and has it changed?

3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently GSR 722 Recinding of Notification under GSR 353 of 26/05/1976 22.07.2016 (2016), then The Passport (Amendment) Rules, 1988 (11.02.1988) (1988).

When did Section 3 of the Passports Act come into force?

Section 3 of the Passports Act, cited as Passports Act 1967 3, came into force on 24 Jun 1967, having been enacted on 24 Jun 1967. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.