Written and reviewed by Adv. Tanmay S. Shirsat, Advocate, High Court of Bombay. Consultations in English, Hindi and Marathi, in person or by video call. Last updated October 2026.
When Court Permission Is Needed
Court permission is commonly required in the following situations:
- Passport issue or renewal: Under Section 6(2)(f) of the Passports Act, 1967, a passport may be refused where criminal proceedings are pending before a court in India. The passport authority usually asks for an order from the court where the case is pending.
- Bail conditions: Bail and anticipatory bail orders often direct that the accused shall not leave India without the court's permission.
- Deposited passports: Where the passport has been deposited with the court or the investigating agency as a condition of bail.
How a Travel Permission Application Is Made
- Identifying the correct court: The application is generally made to the court where the case is pending, or the court that imposed the bail condition.
- Preparing the application: The purpose, destination and dates of travel, and the arrangements for attending court in the applicant's absence.
- Supporting documents: Itinerary, invitation or employment letter, visa documents and proof of ties to India.
- Hearing: The prosecution is heard, and the court decides whether to grant permission and on what conditions.
- Compliance: Furnishing any undertaking, security or surety, and reporting to the court on return, as directed.
Conditions Courts Commonly Impose
- An undertaking to return by a fixed date and to attend court as required
- A cash security or an additional surety
- Sharing the itinerary, foreign address and contact details
- Exemption arrangements for court dates falling during the travel
- Depositing the passport again on return, where earlier directed
Each court decides on the facts. The stage of the case, the seriousness of the allegations and the applicant's past compliance all matter.
Passport No-Objection for Issue or Renewal
Where a passport is to be issued or renewed while a case is pending, an application can be made to the court for an order permitting the passport to be issued, sometimes for a limited period. The order is then submitted to the passport authority along with the passport application.
Documents to Keep Ready
- Case details: court, case number and next date
- Copy of the bail or anticipatory bail order
- Passport copy or the passport authority's communication
- Travel itinerary, tickets or invitation letter
- Proof of employment, business or family ties in India