Consequences of Not Surrendering Indian Passport After Acquiring Foreign Citizenship

Indians have now been migrating to foreign countries and prefer settling abroad by taking up foreign citizenship. Many are unaware of the fact that Indian law does not permit dual citizenship and holding an Indian passport after acquiring foreign nationality. 

The consequences of not surrendering an Indian passport after acquiring foreign citizenship range from administrative penalties, revocation of passport, impounding of passport, refusal of an OCI card and, in some cases, criminal exposure.

This guide explains what the law says, what penalties Indian Missions apply, how the issue affects OCI and travel, and what to do if you have already acquired foreign citizenship. Malik Law Offices India advises Indian-origin families and NRIs on immigration and NRI legal matters. 

Does India Recognize Dual Citizenship?

No, India does not recognize dual citizenship, which is explicitly barred under Section 9 of The Citizenship Act, 1955 which reads as below-

9. Termination of citizenship.

(1)“Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India”

People often search for dual citizenship India, dual nationality India, dual Indian citizenship, Indian dual citizen or Indian dual passport. Legally speaking, none of these statuses can exist. Many people as Can an Indian hold dual citizenship through some other route? The answer is a straight forward “No”. 

Many people confuse the OCI status, known as Overseas Citizenship of India status with dual nationality. However, it is important to point out that OCI doesn’t grant any citizenship or nationality, and is rather, a status that permits visa free entry and exit to India to people of Indian origin having foreign citizenship. 

Loss of Citizenship in India: What Section 9 Says

Loss of Indian citizenship can take place in three ways under the Citizenship Act, 1955: 

• Renunciation under Section 8 of the Citizenship Act, 1955

• Termination under Section 9 of the Citizenship Act, 1955

• Deprivation under Section 10 of the Citizenship Act, 1955

Acquiring the citizenship of another country falls under termination, which states as below-

Section 9(1)- “Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs”

A few points that are noteworthy, are as below- 

1. Loss of citizenship is assessed from the date of acquiring foreign citizenship.

2. Indian Passport must be formally surrendered which is an administrative step that follows the loss of citizenship.

3. The acquisition must be voluntary. 

4. The Central Government decides disputed questions. Under Section 9(2), any question about whether, when or how a person acquired foreign citizenship is decided by the authority prescribed in the Citizenship Rules. The Rules treat the fact that an Indian citizen obtained a passport from another country as conclusive proof that the person voluntarily acquired that country’s citizenship. 

If citizenship ends automatically, why does the passport still matter? 

Once foreign citizenship is acquired by an individual, it is important that the Indian passport is formally surrendered to refrain the person from using it as a physical travel document. India does not permit usage of an Indian passport after acquisition of foreign nationality, which is strictly barred under the Passports Act. If an individual uses the Indian passport under such circumstances, the passport can be impounded or revoked. 

Renunciation vs Surrender of Indian Passport: What Is the Difference?

Legal Consequences of Not Surrendering an Indian Passport

The consequences of not surrendering the Indian Passport after acquiring foreign nationality mainly depends on the following factors: 

1. For how long was the Indian passport held after foreign citizenship acquisition

2. Whether it was used for any travel

3. Whether it was renewed or re-issued after acquisition of foreign citizenship by misrepresentation/ concealment

1. The Passport Can Be Impounded or Revoked

Holding on to an Indian Passport after acquiring foreign citizenship is an offence as per Indian laws. Under Section 10 of the Passports Act, 1967, the passport authority may impound or revoke a passport if the holder is in wrongful possession of it, or if the passport was obtained by suppressing material information. 

2. Penalties Under the Passports Act

Section 12(1A) of the Passports Act applies to a person who is not a citizen of India, which states as below-

“[(1A) Whoever, not being a citizen of India,- 

(a) makes an application for a passport or obtains a passport by suppressing information about in nationality, or 

(b) holds a forged passport or any travel document, 

shall be punishable with imprisonment for a term which shall not be less than one year but may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both. 

(2) Whoever abets any offence punishable under [sub-section (1) or sub-section (1A)] shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence. 

(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 

(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.”

Missions permit a grace period of three (3) months, for surrendering an Indian Passport, which is calculated from the date of naturalisation, during which travel on the Indian passport does not attract a penalty. Penalties for retention begins generally after three (3) years.

3. Travel and Immigration Consequences

If the Indian passport is used for travel after acquiring foreign nationality, the same may lead to revocation of passport, blacklisting, deportation and can invite penal actions. 

4. Effect on OCI and Indian Visa Applications

The surrender certificate is one of the most important documents for making an application for Indian Visa or for applying for an OCI. As these services are specifically for foreign nationals, mostly of Indian origin, the applicant must necessarily provide the surrender certificate of their last held Indian Passport. For eligibility and the application route, see our guide to OCI eligibility, benefits and the application process.

Indian Passport Cancellation: Surrender vs Revocation

Indian passport cancellation can be effected in two ways-

1. Voluntary surrender- A person can voluntarily surrender his/her Indian passport voluntarily upon acquisition of a foreign nationality. Once the passport is surrendered, it is returned with the cancelled stamp and consequently a Surrender Certificate is issued.

2. Action by the authority i.e. Revocation/Impounding- The passport authority may revoke a person’s passport on its own if it finds out that the passport was held wrongfully, or if the individual has or has been travelling on Indian passport after acquiring foreign passport or if it was obtained by suppressing/concealing information while getting it renewed. 

For a wider discussion of revocation, read our guide on the revocation of an Indian passport for NRIs.

Surrender Indian Passport After US Citizenship (and Other Countries)

NRIs residing in the United States often have queries around how to cancel an Indian passport in the USA. Cancelling of a Passport is legally called as surrender of passport. An individual who  wishes to surrender an Indian passport after acquiring US citizenship, must file a surrender application through the authorised service provider of the Indian Consulate that falls under their place of residence. The documents usually include the original Indian passport (a valid or an expired passport can be surrendered), a copy of the US passport and a copy of the naturalisation certificate, along with the prescribed form, fee and any penalty. The same approach applies in the UK, Canada, Australia and other countries, although each Mission has its own checklist. For the US-specific procedure, see our guide on how to surrender an Indian passport from the USA.

What to Do If You Have Already Acquired Foreign Citizenship

1. Don’t use the Indian passport- Once the foreign citizenship has been acquired, the Indian passport should not be used for travel and should not be renewed. 

2. Collect your documents- The individual should keep all the previously held passports, proof of foreign citizenship, citizenship certificate and the foreign passport. These documents are to be provided to the authority while making the surrender application.

3. Apply for surrender through the correct Mission. Submit the application, the passport, the supporting documents, the fee and any penalty through the Mission or its authorised service provider.

4. Keep the certificate safe. Once the surrender certificate has been provided, the same must be kept safely as it is required for applying for Indian visas, OCIs etc. 

5. Update your Indian records. Surrender or delete the voter ID and ration card, and correct any record that shows you as an Indian citizen.