Yes, a pending criminal case can affect passport renewal in India, but it does not necessarily mean that renewal will always be refused.
Under Section 6(2)(f) of the Passports Act, 1967, pending criminal proceedings before a criminal court can become a ground for refusing a passport. Passport Seva also treats applicants with pending criminal cases as complex cases.
If your criminal case is pending, you should disclose it accurately in the passport application and provide the relevant court documents. In many situations, you may need to obtain an order or permission from the court dealing with your criminal case, particularly where you need permission to travel abroad. The Ministry of External Affairs has guidelines allowing passports to be issued in such cases subject to court orders and specified conditions, including limited validity in some circumstances.
However, the legal position regarding renewal specifically has seen important court rulings. In December 2025, the Supreme Court held that the pendency of criminal proceedings does not create an indefinite bar on passport renewal where the concerned criminal courts have permitted renewal while retaining control over foreign travel.A 2026 Rajasthan High Court decision similarly held that merely having a pending criminal case does not automatically justify denying renewal when there is no court order restraining the passport and the applicant is not seeking permission to travel.
At the same time, courts have taken different approaches depending on the circumstances. For example, the Madras High Court Full Bench held in February 2026 that a person facing a pending criminal trial should obtain prior permission from the concerned court for passport renewal.
Therefore, if your passport renewal is affected by a criminal case, do not hide the case or provide incorrect information. Check the exact stage of the proceedings, whether any warrant or travel restriction exists, and whether the criminal court has imposed conditions on your passport or foreign travel. If necessary, you can approach the concerned criminal court for an appropriate order and then submit that order to the Passport Authority.
If the Passport Office has rejected or delayed your renewal despite a court order permitting renewal, you may have grounds to challenge the decision depending on the facts of your case. Because the outcome depends heavily on the type and stage of the criminal proceedings and the orders passed by the court, obtaining advice from a qualified lawyer can be useful.
