📋 Contents
- What is a Police Clearance Certificate for an Indian citizen in the USA?
- How does a person living in the USA apply for a PCC?
- Why does a pending criminal case in India affect a PCC?
- What is GSR 570(E) and how does court permission help?
- Can a PCC be issued while a criminal case is pending?
- What if there is a warrant, a proclamation or a Look Out Circular?
- What should a person in the USA do first?
- Frequently Asked Questions
Quick answer: A Police Clearance Certificate (PCC) is issued to Indian passport holders who have applied for residential status, employment, a long-term visa or immigration. An applicant in the USA submits the documents to VFS Global, which forwards a complete application to the Embassy. Under the Passports Act, 1967, the passport authority shall refuse a passport where criminal proceedings against the applicant are pending in India. GSR 570(E) is an exemption where the court concerned permits departure from India.
This page gives information on Indian law. NRI Legal Consultants advises on Indian law only and does not advise on the law of the United States.
What is a Police Clearance Certificate for an Indian citizen in the USA?
A PCC is a document issued by the Embassy of India or Consulate General(s) of India, certifying that the applicant has never partaken in any criminal activity that led to the involvement of the Indian police. The Embassy in Washington states that a PCC is issued to Indian passport holders in case they have applied for residential status, employment or a long-term visa or for immigration, and that a PCC cannot be issued for persons going abroad on a tourist visa. While filling up the application, applicants must provide their Indian address including the name of the concerned police station, enabling the police authorities to verify their antecedents.
In plain words: the PCC is the Indian government's statement about your police record in India. It is checked against the police station for your Indian address, so what that police station has on record matters.
The US State Department's page on Indian documents lists, for Indian passport holders residing outside India, a "Statement of No Criminal Record" issued by the local Indian Embassy, Consulate, High Commission or Deputy High Commission. That is a description of what the US page says; which document a US authority accepts, and what it does with it, is a question of US law.
How does a person living in the USA apply for a PCC?
The Embassy's page sets out three steps: complete the online application on the Passport Seva portal and note the ARN (Application Reference Number), prepare the supporting documents from the VFS checklist, and submit the documents and fees to VFS Global. Documents can be submitted in person at the VFS centre by appointment, or paid for online and sent to VFS by courier. VFS Global reviews the documents and, if the application is complete, forwards the file to the Embassy. The Embassy verifies the application, processes it and returns it to VFS Global, which dispatches the processed documents to the applicant.
An applicant must apply only at the Consular Post based on their current state of residence. On 14 October 2026 the VFS page listed a total of $61.00 (consular fee $40, ICWF $2.00, VFS fee $19.00) and stated that the normal processing time for PCC services is 28 business days. If any documents are missing, VFS Global will notify the applicant by email, and the applicant must submit the requested documents within 21 business days or the application will be rejected.
In plain words: the application is filed online, the papers go to VFS, and the Embassy or Consulate decides. Fees and timelines are set by the Embassy and VFS and can change, so check their pages on the day you apply.
From Adv. Benipal's practice: if the form asks about pending criminal proceedings, warrants or similar matters, the answer should be truthful. A pending FIR or criminal case should not be concealed merely because the applicant is living in the USA. In his view, the safer course is to disclose the position accurately and explain it, rather than risk non-disclosure being treated later as suppression of material facts.
Why does a pending criminal case in India affect a PCC?
Section 6(2)(f) of the Passports Act, 1967 provides that the passport authority shall refuse to issue a passport or travel document on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. Section 6(2)(g) adds the ground that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court. Under Section 10(3)(e), the passport authority may impound or revoke a passport if proceedings in respect of an offence alleged to have been committed by the holder are pending before a criminal court in India.
In plain words: Indian passport law treats "a criminal case is pending against you in a court in India" as a reason to refuse a passport or take one back. A PCC is issued by the same Indian authorities that deal with passports (an Embassy, a Consulate or a passport office), which is why a pending case comes up.
In a 2026 case, counsel for a Regional Passport Office told the Kerala High Court that, because the applicant was involved in criminal cases, only a customised Police Clearance Certificate could be issued, and that too only on orders from the High Court.
From Adv. Benipal's practice: the Embassy does not decide the criminal case, and it has no legal authority to do so. The application is referred to the concerned Indian passport authority and police for verification, and the pending case can therefore affect the result. Depending upon the record and the orders of the competent court, the PCC may be withheld, or a PCC reflecting the pending proceedings may be issued.
What is GSR 570(E) and how does court permission help?
GSR 570(E) is a notification dated 25 August 1993, issued by the Government of India in exercise of the powers under Section 22 of the Passports Act, 1967, and it is an exemption to Section 6(2)(f). It permits citizens of India against whom proceedings in criminal courts are pending to obtain or renew passports if they produce orders from the court concerned permitting them to depart from India. The court can specify the period for which the passport has to be issued, and if no time is fixed, it shall be issued for a period of one year. Courts have also referred to the one-year provision, but it should not be assumed that every passport office or Consulate applies it mechanically today; it states the legal position, not a guaranteed outcome.
The Ministry of External Affairs has directed that an applicant is required to submit the permission of the concerned court as well as an undertaking in writing on plain paper, as provided at para 1(d) of GSR 570(E). In the MEA's standard format, the applicant gives the case number, the name of the court, the police station or investigating agency, and the last and next dates of hearing. The applicant also undertakes that he or she shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.
In plain words: the criminal court where your case is pending can give written permission to travel abroad. With that order and a signed promise to come back if the court calls, the passport office can deal with your passport even though the case is still running. If the court's order does not say for how long, the passport is limited to one year.
In 2025 a Division Bench of the Kerala High Court held that renewal of a passport need not be denied merely because the Magistrate's orders did not specifically permit the person to leave India, where those orders allowed renewal and required the person to seek the courts' permission before going abroad.
From Adv. Benipal's practice: where there is no charge-sheet and the matter is still under investigation, there is no pending trial before a particular Magistrate in the usual sense. The application therefore has to be moved before the competent criminal court having jurisdiction over the matter, and the exact forum depends on the stage of investigation and the orders already passed. An NRI need not ordinarily come to India merely to file such an application; representation through counsel is often possible, subject to the court's directions.
Can a PCC be issued while a criminal case is pending?
On 31 March 2026 the Kerala High Court dealt with a passport holder who wanted to go abroad for employment and was aggrieved by the non-issuance of a Police Clearance Certificate. He was an accused in two cases pending before a Judicial First Class Magistrate, and that court had permitted him to travel abroad in terms of GSR 570(E). Relying on its earlier decision that even if there is a criminal case pending, one is entitled to travel with the permission of the court before which the case is pending, the High Court directed the Regional Passport Officer to issue a customised Police Clearance Certificate stating the details of the pending criminal cases.
In plain words: in that case the answer was a PCC that lists the pending cases, not a "clean" PCC, and it came only after the trial court had permitted travel and the High Court had passed an order. It concerned a passport office in India, not a Consulate in the USA, and it is one High Court's decision.
From Adv. Benipal's practice: the Kerala decision establishes that a customised PCC can be directed in an appropriate case, but that does not automatically mean the same procedure is followed in every State or by every Indian Consulate abroad. The actual practice of the Consulate in the USA should be verified in each case.
He would not tell a client to expect a "no criminal record" PCC while a criminal prosecution is actually pending; the proper question is what the passport authority is prepared to certify on the basis of its records. If the proceedings have ended in acquittal, discharge, quashing or otherwise, the position is materially different, and the final order should be placed before the authority.
What if there is a warrant, a proclamation or a Look Out Circular?
A warrant or summons for the appearance, or a warrant for the arrest, of the applicant is a separate ground for refusal under Section 6(2)(g). A passport may also be impounded if it is brought to the notice of the passport authority that such a warrant or summons has been issued and the authority is satisfied that it has been so issued. An FIR, warrant, LOC and proclamation are different legal matters and should not be treated as interchangeable.
In plain words: a warrant is a separate ground in the Act, apart from a case that is simply pending.
From Adv. Benipal's practice: GSR 570(E) permission does not overcome an outstanding non-bailable warrant or proclamation automatically. A court's permission to travel under GSR 570(E) and the recall or cancellation of a non-bailable warrant or proclamation are two different matters. If a non-bailable warrant or proclamation is outstanding, the criminal court record should first be examined and the appropriate order dealing with it obtained; relying merely on a GSR 570(E) permission would be unsafe.
See Non-bailable warrant in India while you live abroad, NRI declared a proclaimed offender and Look Out Circular (LOC).
What should a person in the USA do first?
An NRI should obtain the Indian case records and establish their current legal position before travelling to India. The appropriate legal remedy depends on the allegations, the stage of the criminal case, the court involved and the orders already passed.
From Adv. Benipal's practice: the first step is to establish exactly what is pending — FIR, investigation, challan, trial, warrant or any proclamation — and to obtain the relevant orders. The appropriate application is then moved before the competent court for permission or relief, wherever required, followed by the PCC process with the passport authorities. No fixed timeline can be given, because the court's listing and the passport authority's verification are outside the advocate's control.
If the problem is the passport itself rather than the PCC, see Indian passport problems in the USA, passport renewal refused and impounding of passport. For the criminal case itself, see Criminal cases in India for NRIs living in the USA and FIR quashing for NRIs.
Frequently Asked Questions
What is a PCC from India?
It is a document issued by the Embassy of India or a Consulate General of India, certifying that the applicant has never partaken in any criminal activity that led to the involvement of the Indian police.
Who issues a PCC to an Indian citizen living in the USA?
The application is submitted to VFS Global, which forwards a complete file to the Embassy for processing. The applicant must apply at the Consular Post for their current state of residence.
Can I get a PCC for a tourist visa?
The Embassy in Washington states that a PCC cannot be issued for persons going abroad on a tourist visa.
Does a pending criminal case in India stop a passport?
Section 6(2)(f) of the Passports Act lists pending proceedings before a criminal court in India as a ground on which the passport authority shall refuse a passport. GSR 570(E) is an exemption that applies when the court concerned permits departure from India.
What is a customised PCC?
In a 2026 case the Kerala High Court directed the passport authority to issue a customised Police Clearance Certificate stating the details of the pending criminal cases against the applicant.
What documents are needed for GSR 570(E)?
An applicant is required to submit permission of the concerned court as well as an undertaking in writing on plain paper.
How long is a passport valid under court permission?
The court can specify the period, and if no time is fixed, the passport shall be issued for one year.
Should I disclose a pending case in India on the PCC application?
If the form asks about pending criminal proceedings, warrants or similar matters, the answer should be truthful, and a pending FIR or criminal case should not be concealed merely because the applicant is living in the USA.
Will the PCC say "no criminal record" while my case is pending?
That should not be expected while a criminal prosecution is actually pending; the question is what the passport authority is prepared to certify on the basis of its records. If the case has ended in acquittal, discharge or quashing, the final order should be placed before the authority.
How long does a PCC take in the USA?
On 14 October 2026 the VFS page stated that the normal processing time for PCC services is 28 business days.
About the Author: Adv. Jaspreet Singh Benipal — Founder & Managing Partner, NRI Legal Consultants. Reviewed by Adv. Jaspreet Singh Benipal (answers received 20 October 2026).
Official sources: Passports Act, 1967, Sections 6, 10 and 22; Ministry of External Affairs circular on passport applications of citizens against whom criminal proceedings are pending (August 2014), referring to GSR 570(E) dated 25.08.1993; Embassy of India, Washington DC — PCC page; VFS Global (USA) — PCC page; High Court of Kerala, W.A. No. 1765 of 2025 (12 August 2025) and WP(C) No. 12878 of 2026 (31 March 2026); U.S. Department of State — Reciprocity and Civil Documents, India (factual description only).