Refusal of passports, travel documents, etc
Section 6 of the Passports Act, 1967 deals with refusal of passports, travel documents, etc. Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-- (a) that the applican The Act came into force on 24 Jun 1967.
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:--
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
(c) 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;
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:--
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) 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;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) 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;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.
Section 6, 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.
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.
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Muhammed Rafsal v. Union of India
Court's Decision & Legal Precedent
Red-corner notice alone is not a ground to refuse passport re-issue under Passports Act s.6; court permissions under GSR 570(E) (s.22 exemption from s.6(2)(f)) suffice for processing; cites Bhavesh Jayanti Lakhani on extradition/red notices. DATE VERIFIED Final Order / JUDGMENT 2025-03-26 (order-1.pdf).
On this section: Refusal grounds under s.6; red-corner notice alone not a statutory refusal ground; court permissions + GSR 570(E) govern.
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Vetukuri Venkata Siva Ramaraju vs Union of India
Court's Decision & Legal Precedent
Criminal cases at the FIR stage, which are still under investigation and have not reached the stage of proceedings before a criminal court, cannot be valid grounds for refusing to issue or renew a passport. The right to travel abroad is a fundamental human right protected under Articles 19 and 21 of the Constitution of India. An accused person is presumed innocent until proven guilty and is entitled to all fundamental rights. Therefore, passport authorities cannot deny passport issuance based solely on pending FIR stage investigations without a court order prohibiting travel.
On this section: The court analyzed the specific grounds on which passport authority can refuse to issue a passport. The court noted that while Section 6(2)(f) allows refusal when proceedings are pending before a criminal court, cases at FIR stage do not constitute proceedings before a criminal court. The court distinguished between FIR stage investigations and actual criminal proceedings before a court.
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Vetukuri Venkata Siva Ramaraju vs Union of India
Court's Decision & Legal Precedent
Criminal cases at the FIR stage, which are still under investigation and have not reached the stage of formal proceedings before a criminal court, cannot be the sole or primary ground for refusing to issue or renew a passport. The right to travel abroad is a fundamental human right protected under Article 21 of the Constitution, and the presumption of innocence applies to passport issuance decisions. A passport authority cannot arbitrarily refuse a passport merely because criminal investigations are pending against an applicant; such refusal must be based on formal criminal proceedings before a court as contemplated by Section 6(2)(f) of the Passports Act, 1967.
On this section: The court extracted and analyzed Section 6(2) which lists exhaustive grounds for refusal of passport. The court noted that while Section 6(2)(f) allows refusal when 'proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India,' the court interpreted this to mean formal criminal proceedings before a court, not mere FIR stage investigations.
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
1 instrument states 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 8 instruments name this provision in its title or its text without being made under it.
- GSR 1171 The Passports (Amendment) Rules, 2016 (23.12.2016)Rule 2016
- GSR 733 regarding Corrigendum to GSR 603 (28.11.2007)Rule 2007
- The Passport (Amendment) Rules, 1995 (07.08.1995)Rule 1995
- Notification regarding exemption of persons repatriated from Iraq and KuwaitNotification 1991
- The Passport (Amendment) Rules, 1991 (04.03.1991)Rule 1991
- GSR 691 The Passports Rules, 1980 (11.12.1980)Rule 1980
- Passport Rules 1980Rule 1980
- The Passport (Seventh Amendment) Rules, 1979 (01.06.1979)Rule 1979
Questions about Section 6
What have the courts held on Section 6 of the Passports Act?
Muhammed Rafsal v. Union of India (26 Mar 2025) is the leading judgment on this section among those set out below: Refusal grounds under s.6; red-corner notice alone not a statutory refusal ground; court permissions + GSR 570(E) govern. Another 2 judgments on this section are set out below.
How do I find court cases under Section 6 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 6, section 6 Passports Act 1967, section 6 of the Passports Act. People searching for it also type passport act 6(2) and passport act 6(2)(f). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Muhammed Rafsal v. Union of India (26 Mar 2025).
What should I read with Section 6 of the Passports Act, and has it changed?
Its own text turns on section 5 (Applications for passports, travel documents, etc, and orders thereon), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Notification regarding requirement of No Objection Certificate by Govt servants facing criminal charges 12.01.2000 (2000).
When did Section 6 of the Passports Act come into force?
Section 6 of the Passports Act, cited as Passports Act 1967 6, 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
- 10. Variation, impounding and revocation of passports and travel documents872 words
- 24. Power to make rules495 words
- 5. Applications for passports, travel documents, etc, and orders thereon457 words
- 12. Offences and penalties349 words
- 11. Appeals310 words
- 10A. Suspension of passports or travel documents in certain cases297 words
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.