Kerala High Court: Offence for Furnishing False Information Under Section 12(1)(b) of the Passports Act Applies Even to Foreign Citizens

The Kerala High Court has delivered a significant judgment affirming that the offence of furnishing false information under Section 12(1)(b) of the Passports Act, 1967, is applicable even to foreign nationals. Justice V. G. Arun, presiding over the case, emphasized that the provisions of the Act are not limited to Indian citizens but extend to any individual who contravenes its stipulations while within Indian jurisdiction.

The case in question involved a petitioner who attempted to travel to the United Kingdom using a tampered British passport and without a valid Indian visa. Upon inspection, it was discovered that certain pages of his British passport were missing, and he had overstayed in India by 303 days beyond the validity of his visa. Further investigations revealed that the petitioner had entered India using a Portuguese passport. Additionally, he was found to have forged an Aadhaar card containing discrepancies in his name, father's name, and date of birth compared to his Indian passport. It was also alleged that he had obtained a second Indian passport in 2015 with altered personal details, which was subsequently renewed in 2016.

The petitioner faced charges under multiple sections: Section 12(1)(b) for knowingly providing false information to obtain a passport; Section 12(1A) for holding a forged passport; Section 14A of the Foreigners Act for unauthorized entry into restricted areas; and Section 14B for using a forged passport. The petitioner contended that he was a person of Indian origin who had acquired Portuguese citizenship and had subsequently canceled his Indian passport.

Justice Arun, in his judgment, clarified that Section 3 of the Passports Act prohibits any person from departing India without a valid passport or travel document, explicitly including passports issued by foreign governments. Therefore, any attempt to leave India without such valid documentation constitutes a violation of Section 3 and attracts the penal provisions of Section 12(1)(b), irrespective of the individual's nationality.

This ruling underscores the comprehensive scope of the Passports Act, asserting that its provisions are enforceable against all individuals within India, regardless of their citizenship status. It reinforces the legal obligation for all travelers to possess valid and authentic travel documents and the serious legal consequences of attempting to circumvent these requirements through fraudulent means.