If I can travel should I challenge pending PCC

798 votes

You are free to travel with a valid passport; PCC is required only for specific visa categories. Keeping PCC pending does not by itself restrict your movement. If the police still refuse without reason, you can approach the jurisdictional High Court under Article 226 for directions.

Advocate Madhvi Chopra LawRato

821 votes

Since your passport has already been renewed for ten years, you are free to travel because a PCC is not needed for ordinary international travel, and the police keeping it pending doesn’t create any legal restriction on you. They usually hold up PCCs if there’s any pending complaint in the system, even if it’s a baseless private allegation like the one your uncle has filed, but unless an FIR is registered or you receive a notice or summons, you don’t have to go to court for anything. If your uncle is using the complaint to pressure you, you can ask the SHO or ACP to verify and close it as false, or file an RTI to know its exact status. Keeping the PCC pending won’t affect your renewed passport or your ability to travel unless a specific country asks you for a PCC for visa purposes.

Advocate Aditya Kumar LawRato

598 votes

Since your passport has already been renewed for 10 years, your immediate ability to travel is not affected by the delay in issuing the Police Clearance Certificate (PCC). PCC is only required for specific immigration, visa, or employment formalities—not for general international travel. You can continue to travel with your valid passport unless any court has issued a Look Out Circular (LOC), warrant, or travel restriction, which is not the case here since you have not received any summons or notice from any court. The police are keeping your PCC pending because a complaint has been lodged by your uncle. A pending private complaint does not automatically prevent PCC issuance. PCC can only be denied if: 1. an FIR is registered against you, 2. a chargesheet is filed, 3. you are declared a suspect/accused in an active criminal investigation, or 4. a court has passed any order against you. If none of these have happened and you have not even been served with notice or summons, the police cannot keep your PCC pending indefinitely based only on a personal dispute. You do not need to go to court immediately. However, you should ask the police in writing whether any FIR actually exists. If the police confirm that no FIR has been registered, you can demand PCC issuance as per the Ministry of External Affairs guidelines. If they still delay, you may file a simple representation to the Superintendent of Police, and if needed, a writ petition in the High Court seeking direction to issue PCC. If an FIR has been registered without your knowledge, then the correct step is to apply for anticipatory bail and simultaneously challenge the false complaint. This will also remove the police objection on your PCC. For now, you can safely travel since your passport is valid, and PCC is only relevant for visa/immigration processing—not for boarding flights. If you need, I can help you draft the written representation to the police to confirm the status of any FIR and push for PCC issuance.

Advocate Yuganshu Sharma LawRato

622 votes

File a Writ before High court. it is settled law that unless there are FIRs, you cannot be stopped from travelling. if there are private comolaints and no court has imposed any comdition to seek permission before travelling, you can proceed to travel in that case

Advocate Puneet Relan LawRato