Penality of indian passport act

Querist : Anonymous (Querist) 17 December 2011 This query is : Resolved
HAVING TWO PASSPORTS MADE FROM DIFFERENT STATES. AND BOTH PASSPORTS WERE EXPIRED.

WHAT IS THE PENALITY OF INDIAN PASSORT ACT.

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Raj Kumar Makkad (Expert) 17 December 2011
It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -

(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or

(b) holds a forged passport or any travel document

shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees”, it has been decided to impose penalty on a graded scale for such violations.

Shonee Kapoor (Expert) 18 December 2011
Holding two passports can be penaized for ONE YEAR.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 18 December 2011
Agree with experts.

Sailesh Kumar Shah (Expert) 19 December 2011
Agree with views of Mr.Makkad.

Querist : Anonymous (Querist) 19 December 2011
Dear Mr.Makkad,
I am an Indian nationality & have been issued first indian passport in 1992 from bangalore expired in 2002. I went abroad in 1997 & return in 1997 after 07 mths. While journey in india I lost my passport.As I was working at Mumbai I came to mumbai & made another passport from mumbai in 1998 expired in 2008 through an agent. I haven't used second passport. But due to unaware of the procedure I haven't lodged lost passport report in police station and not mentioned prvious lost passport details. As I haven't read the form simply signed as per agent. But after 2002 through post office my parents received a packet i.e., my first passport as been dropped in the letterbox who found the passport after the expiry date at my bangalore address. when I visited my parent's house in 2005. My parent handed over the packet when I opened I found the first passport.
I kept both the passports at my office drawer & a month ago my passport was seized by police when raided on my office.
they filed F.I.R Under section 12 Indian passport act. I got the bail & matter is reffered to court. I spoke my advocate. He says that a fine of Rs.2000/- will be imposed & nothing else as there no misuse of travel passport & both are expired. There will be no jail punishment for this.

what do you suggest.

Please give me legal expert advice.

Sailesh Kumar Shah (Expert) 20 December 2011
Section 12(b) says that :-
"knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document;

shall be punishable with imprisonment for a term which may extend to Six months or with fine which may extend to two thousand rupees or with both."

So, Opinion of your advocate is absolutely right.

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