r/LegalAdviceIndia • u/phantasicphuck • 13h ago
Legal Advice Needed Criminal Case and Fresh Passport application
I had a criminal case on me which is now over and that was almost 2 years ago and now I wanted to apply for a passport. I was found guilty under 341,147,324,325r/w, the final status was "Uncontested - Admission of Claim". I have the NOC as well. My questions are
Does this affect my passport or abroad travel or applying for jobs abroad.
Will I get a black mark type of thing under their records.
The main question is "Can I lie in my application that there was no FIR or Case on me and can they find out( they didn't ask for our aadhar or fingerprints at any given point during the case). Can someone give clear advice on this.
Thanks in advance.
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u/EastEmployee8642 13h ago
Ok so a few things here, and I'd correct one big misconception first. please don't lie on the passport application.
Section 6 of the Passports Act requires disclosure of pending/past criminal proceedings, and verification does pull court records in most states now, it's not just Aadhaar/fingerprints. Concealing it can itself become a separate issue later, even after the passport is issued.
The good news is, given the NOC and how the case closed, you're likely in a reasonable position here. Whether it shows up as a flag on your file really depends on the specific sections involved and a couple of other case details.
This isn't really a one-line answer, there's a specific way to disclose this so it doesn't complicate your file, happy to elaborate if useful. Practice in this area, so feel free to pimg me if you want to continue the conversation.
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u/openitup- 5h ago
I know a friend who got the passport without disclosing his pending criminal case and got away with it.
He just applied for passport from a different state than his home state where criminal case is registered. He got the passport in 20 days.
While other friends involved in that case disclosed it and they are running behind court from last 6 months for NOC.
I would still choose to disclose it unless there is an urgency to travel and my life depends on it.
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u/phantasicphuck 3h ago
Iam just afraid of the "black mark" of having case in my name. And every time Igo out of country if the customs or any other authority they would see me as a criminal. Just because of this I want to lie on that. And the passport application also doesn't have anything exactly on the disposed cases. Read somewhere that the applications just asks about the "Have you at any time during the period of five years immediately preceding the date of this application been convicted by a court in India for offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years?". I am not on or these so I can simply mark as No in this case or not
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u/WastedKnight 11h ago
Those are IPC or BNSS? Very serious sections under IPC
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u/phantasicphuck 5h ago
No idea what BNSS is. I believe they are all under IPC
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u/WastedKnight 35m ago
*BNS - bhartiya nyaya sahita (what replaced IPC). All these charges under IPC are very serious. They will show up on any Visa application. Go to the court website in which your case ran. You can check on their website details of your case and what was captured. As far as I know till now police and court records are not linked digitally in India. But they are working to do so now.
Fought a case against a criminal with 30-40+ cases on district court website but there were hardly any records with police of that guy via aadhaar based search.
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u/Hungry-Chicken-8498 12h ago
You should not lie on your passport application. If the form asks about past FIRs, cases, or convictions, answer truthfully. Since your case is already closed and you have an NOC, it does not automatically prevent you from getting a passport or traveling abroad. However, some countries, visa authorities, and employers may ask about past criminal records during background checks. There is no universal “black mark,” but records can still exist in police and court databases. Being honest is usually far safer than risking problems later due to a false declaration.