IndiaCan the government impound my passport?
Yes, the Indian government can impound your passport under specific legal grounds such as court orders, criminal investigations, or threats to national security.
What the Law Says
The Passport Act, 1967 empowers the government to impound a passport in certain situations to protect public interest, national security, or due process.
Under Section 10(3) of the Passport Act, 1967, the passport authority may impound or revoke a passport if it is satisfied that the holder has contravened any provision of the Act or rules, or if impounding is necessary in the interests of the sovereignty and integrity of India, the security of India, friendly relations with foreign countries, or the public interest.
Clause (h) of Section 10(3) specifically allows impounding 'if proceedings in respect of an offence alleged to have been committed by the holder are pending before a criminal court in India'.
Before impounding, the authority must give the holder a reasonable opportunity to be heard — unless urgency requires immediate action to prevent harm to national interest.
Statutory Textthe passport authority may, by order in writing, impound or revoke a passport or travel document… if it is satisfied that… (h) proceedings in respect of an offence alleged to have been committed by the holder are pending before a criminal court in India
— Passport Act, 1967, s. 10(3)(h) — Impounding or revocation of passport
What Courts Have Said
Indian courts have upheld the government’s power to impound passports but stressed procedural fairness and proportionality.
The Supreme Court held that the right to travel abroad is part of personal liberty under Article 21, and passport impounding must follow fair procedure — including notice and hearing — unless exceptional circumstances justify urgency.
The Court ruled that impounding a passport solely to ensure appearance in court is impermissible unless supported by material indicating flight risk or misuse; mere pendency of trial is insufficient.
What to Do
If your passport is impounded, ask for a written order stating the grounds and citing Section 10(3) of the Passport Act, 1967.
File an appeal within 30 days to the Appellate Authority (usually the Ministry of Home Affairs) under Section 14 of the Passport Act.
If impounding relates to a criminal case, consult a lawyer to file a bail application or challenge the impounding before the concerned court.
You may also approach the High Court under Article 226 for writ relief if the impounding is arbitrary or violates natural justice.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.