The Kerala High Court has made it clear that foreign nationals can also be prosecuted under Section 12(1)(b) of the Passports Act if they provide false information while obtaining a passport. Justice V.G. Arun, while delivering the verdict, stated that Section 3 of the Act includes passports issued by foreign governments, and therefore, any violation involving such documents falls under Section 12(1)(b).
"Moreover, Section 12(1)(b) of the Act would apply even to foreign citizens if the provisions of Section 3 are contravened… The above provision makes it abundantly clear that, for the purpose of the section, the term 'passport' includes the passport issued by the Government of a foreign country also," the Court stated.
In this case, the petitioner, a foreign national, attempted to travel to the United Kingdom using a tampered British passport and without a valid Indian visa. It was discovered that some pages of his British passport were missing. Additionally, he had overstayed in India by 303 days beyond the validity of his visa. He was handed over to immigration officials by the airlines.
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Upon further investigation, it was revealed that the petitioner had originally entered India using a Portugal passport. Authorities found that he had also forged an Aadhaar card, with discrepancies in his name, father's name, and date of birth compared to his Indian passport. Notably, he had also obtained a second Indian passport with changed details in 2015, which was renewed in 2016.
As a result, the petitioner was charged under multiple sections:
- Section 12(1)(b) of the Passports Act (for furnishing false information)
- Section 12(1A) (holding a forged passport)
- Section 14A and 14B of the Foreigners Act (penalties related to restricted areas and forged documents)
The petitioner argued that he was of Indian origin, later acquired Portuguese citizenship, and eventually became a UK citizen. He claimed he had cancelled his Indian passport and wasn’t aware of the missing pages in his British passport, suspecting they may have been lost during renewal. He approached the court seeking to quash the criminal proceedings against him, arguing that the Passports Act only applies to Indian citizens based on a reading of Sections 1(2) and 2(b).
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However, the Court rejected this defense. It emphasized that the definition of 'passport' under Section 3 includes those issued by foreign governments and clarified that the Act is applicable in such cases. It also highlighted that documents on record showed the petitioner was holding a valid Indian passport valid up to 2026, despite his foreign citizenship.
“It is intriguing how a foreign citizen could obtain an Indian Passport and get it renewed within one year,” the Court observed.
Regarding the charge under Section 14A of the Foreigners Act, the petitioner contended that since his entry into India was legal, his stay beyond the visa term should not be penalized.
The Court, however, clarified that even legal entry does not exempt one from prosecution if the individual stays without proper permits. As per the Foreigners Order, anyone entering India on a visa must obtain a permit that defines their period of stay. If the visa is for more than 180 days, the individual must register within two weeks of completing 180 days and obtain a registration certificate.
“Going by the plain words of Section 14A, not only entry without permit, but remaining in an area after expiry of the permit and staying in an area without the valid documents required for such stay, are made punishable,” the Court emphasized.
Accordingly, the petition was dismissed.
Counsel for the Petitioners: Advocates K. Rajeswary, Anil Prabha K., Aleena Annabelly A.
Counsel for the Respondents: Advocates Mini Gopinath, T. C. Krishna (DSGI), Vipin Narayanan (Sr. PP)
Case No: Crl.MC 694 of 2025
Case Title: Arjun Madou Dugi v State of Kerala and Others
