How police records affect passport applications
Under Section 6(2)(f) of the Passports Act, 1967, a passport can be refused or withheld if criminal proceedings are pending against the applicant before a criminal court in India.
The critical legal distinction is that 'pending criminal proceedings' begins only when a Magistrate takes cognizance of a police charge sheet or complaint. A raw complaint under investigation at a police station does not automatically equate to a pending court trial.
Traveling abroad with a pending court case
If a case is actively before a Magistrate court, you are not permanently barred from traveling. Under Ministry of External Affairs notifications and Supreme Court precedent, you can file an application before the trial court requesting permission to travel abroad or renew your passport for a specified period.
Corporate background verification (BGV)
Corporate background verification companies check national court databases (eCourts) for formal criminal convictions or active trials. An unverified or closed police inquiry does not constitute a criminal record or conviction.
Do Non-Cognizable Reports (NCs) affect verifications?
No. A Non-Cognizable Report (NC) recorded at a police station that was never taken to a Magistrate court is a station record, not a pending judicial proceeding, and does not affect routine passport or employment clearance.
This is a description of the public process, not legal advice. For advice about your own case, speak to a lawyer or the police station handling it.