Short answer: The police may seize your passport during an investigation, but they cannot impound it or hold on to it indefinitely; impounding is a power of the passport authority alone. If your passport has been taken, or you learn of a Look Out Circular (LOC) against you, there are lawful routes: an application to the court for return, a representation to the agency, and a writ petition before the High Court.
What the law says about seizing a passport
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 102 of the old Code of Criminal Procedure, allows a police officer to seize property that is suspected to be connected with an offence. A passport can be seized under this power, for example when it is relevant to the allegation or found during a search.
Seizing is not the same as impounding. In Suresh Nanda v. CBI (2008), the Supreme Court held that while the police may seize a passport, they cannot impound it. Impounding, which means keeping the passport for a period and stopping its use, can be ordered only by the passport authority under Section 10(3) of the Passports Act, 1967, after following that Act’s procedure. Courts have repeatedly held that investigating agencies cannot retain a passport for long periods, because prolonged retention amounts to impounding by another name.
A separate situation arises when a court, while granting bail, directs you to deposit your passport. That is a judicial condition, and the remedy lies with the same court.
What a Look Out Circular is
A Look Out Circular is an alert circulated to immigration checkpoints so that a person’s movement across the border is flagged. It is issued on the request of an originating agency, such as the police or a central agency, under office memoranda of the Ministry of Home Affairs, which contain the consolidated guidelines. Most people learn of an LOC only at the airport, when immigration stops them from boarding.
An LOC is a serious restriction on your freedom to travel. Courts, including the Delhi High Court, have quashed LOCs that were issued without a cognizable offence being involved or without proper reasons being recorded. Whether an LOC is justified depends on the facts, the stage of the case and your conduct so far. You may also find our note on what to do when a Look Out Circular is issued useful.
What to do, in order
- Ask for the seizure memo. Whenever property is seized, the police should prepare a memo listing what was taken. Keep a copy, or note the date, officer and police station if no copy is given.
- Find out the basis. Is the passport held under a seizure during investigation, under a bail condition, or under an order of the passport authority? The remedy depends on the answer.
- Write to the investigating officer. A short, polite written request for return, explaining why you need the passport (work, medical treatment, family), creates a record.
- Apply to the court. If the passport is not returned, an application can be made to the Magistrate or court dealing with the case for its release, with or without conditions. Courts often return passports subject to undertakings, such as informing the court of travel plans.
- If bail conditions apply, seek permission to travel. Where you deposited your passport as a bail condition, apply to that court for its temporary release and permission for a specific trip, with your itinerary and return ticket.
- For an LOC, make a representation. Write to the originating agency, giving your details, your case number, your record of cooperation and your request for withdrawal or modification.
- If the representation fails, consider a writ. A writ petition under Article 226 before the High Court can challenge an LOC that is arbitrary, issued without reasons or disproportionate.
Your rights and common mistakes
Your right to travel abroad is part of personal liberty under Article 21 of the Constitution, and it can be restricted only by a fair procedure established by law. At the same time, courts expect cooperation with the investigation.
Common mistakes include travelling without informing the court when a case is pending against you, applying for a fresh passport without disclosing the seizure, ignoring police notices while seeking travel permission, and arguing with immigration officers at the airport. None of these help. A clean record of appearing when called, replying to notices and keeping the court informed is the strongest basis for asking that the passport be returned or an LOC withdrawn.
Common questions
Can the police keep my passport until the trial ends?
Not as a matter of routine. Following Suresh Nanda, they may seize it, but long retention without an order of the passport authority or the court is open to challenge. Where the passport is evidence, the court decides its custody.
Will I be told before an LOC is issued?
Usually not. The guidelines do not require prior notice, which is why many people learn of it at the airport. You can then seek details from the originating agency and pursue the remedies above.
Can I travel if my anticipatory bail order says nothing about travel?
Check the order carefully. If it is silent, it is still prudent to inform the court and the investigating officer before travelling abroad, and to seek permission where any doubt exists.
Does an LOC mean I will be arrested at the airport?
Not necessarily. An LOC may ask immigration only to inform the agency or to stop departure. The action depends on what the originating agency requested.
When to speak to an advocate
Speak to an advocate as soon as your passport is seized, when you are stopped at an airport, or before you plan any international travel while a case is pending. A carefully drafted application or representation, with your travel needs and record of cooperation clearly set out, matters.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code); Passports Act, 1967; Ministry of Home Affairs guidelines on Look Out Circulars.
For a confidential discussion about a seized passport or a Look Out Circular, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
