I am an 80 year old senior citizen. I have a false case pending against me since 2019 which is causing hinderance for my passport/visa renewals.

2 years ago

I am an 80 year old senior citizen. I have a false case pending against me since 2019 which is causing hinderance for my passport/visa renewals. My lawyer said, if I pay the fine (it would be max. Rs. 10,000) I will be free from this case. My question is, will I be denied passport renewal for 10 years as one of the question on passport renewal is 'Have you, at any time during the period of five years immediately preceding the date of this application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years?'

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Anik

Responded 2 years ago

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A.Hello, The phrase indicates that if the court finds you guilty. The word "conviction" implies that the court has declared you guilty, which is not the case yet. As a result, there is no chance that you will be denied a passport.
Thank you very much. Please give your opinion on the response.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The clause means that if you are convicted by the court. Conviction by the court means that the court has found you guilty, which is not the case yet. therefore, there is no scope of you being barred from receiving the passport.
Thank you. Rate the answer.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.If a court of law finds a person guilty of committing a crime and through Order awarded punishment, then that person called "convicted" person. Therefore, Until and unless the offence be proved against you, you cannot be considered as Convicted.

During the pendency of that criminal case against you, you are merely an accused person and therefore you cannot attract that prohibitory clause of passport/visa renewal so there is no hindrance.

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Sidhaarth

Responded 2 years ago

A.What is the nature of case? Which are the sections? Payment of penalty means that you have admitted your fault and in turn court shall convict you and should impose fine. For passport such conviction may be fatal.

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