1. There is no express need for NOC unless it is put as one of the conditions in Bail.
2. Passport Authorities may ask for NOC if you are in pvt. Sector and are hit by any Criminal Law pending before a Court of Law.
Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extra, Part-II, Section 3 (1), dated 25th August 1993, pp-2-3, Sl. No. 289 (No.VI/401/37/19]
In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in suersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298 (E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders form the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section
(2) of Section 6 of the said Act, subject to the following conditions, namely:-
(a) the passport to be issued to every such citizen shall be issued ?
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year;
(iii) if such order gives permission to travel abroad for a period of less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the the meantime, the order of the court is not cancelled or modified;
(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall given an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.
3. To the best of my dealings with several corporate Sector even S/W sector I have never come across as "passport is a must" condition for job interview and same should not be plead before JFMC Court. It is other matter that HR people ask for Passport during recruitment and in case selection is made for some on-site overseas postings in S/W field. A Copy of Indian Passport Form where Criminal background question check is asked to be filed by Applicant and thus NOC required due to above Circular of MEA is enough for concerned Court after asking APP is enough to get NOC from a Magistrate Court. You can get soft copy of above MEA Circular to show to a Magistrate Court from Ministry's official web site.
4. A simple Crl. Miscl. Petition without need for mention of Section of CrPC The Code is filed for issue of NOC in reference to context case as an JFMC Powers and Functions to issue NOC / Attestation etc. are derieved from CrPC The Code First Chapter and CrPC The Code has nowhere dedicated a specific Section for asked query as it is post British Independent India legacy carried forward by babus.
