Police Cannot Seize Passports On Flight Risk Fears, Special DG Issues Directives To Bhopal, Indore Police Commissioners

Bhopal (Madhya Pradesh): The Police Headquarters (PHQ) has issued a directive to field staff stating that the police cannot seize the passport of an individual based on the apprehension that they may escape to a foreign country.

According to the instruction, the Passports Act 1967 does not grant the police authority to initiate prosecution in such cases. Special DG of the Crime Investigation Department Pankaj Srivastava issued these instructions to the Police Commissioners of Bhopal and Indore and the Superintendents of Police across all districts.

The move comes after frequent reports of police seizing passports of suspects under the claim that they may flee the country. Passports are occasionally. confiscated during searches conducted by state investigative agencies or the police at a suspect s premises. However, the guidelines clarify that no state police force possesses the authority to seize passports in this manner.

Section 15 of the Passports Act 1967 explicitly states that no prosecution shall be instituted against any person in respect of any offence without the prior sanction of the Central Government or of an officer or authority specifically empowered by that government via a written order.

The directive makes it clear that since the police lack the authority to initiate prosecution in such matters, the seizure of a passport is illegal. However, if any fraudulent activity involving the passport takes place, the police are empowered to initiate action.

The instructions explicitly cite the Passports Act 1967, clarifying that since this matter falls under the jurisdiction of the Ministry of External Affairs, only the Central Government or a designated officer is authorised to initiate proceedings.