Immigration Consultancy Keeps Your Original Passport

Reviewed on: 2026-09-17.

RTI is useful when a public authority holds the record behind immigration consultancy keeps original passport. Ask for information, not action. Good RTI points are: current status of file, date-wise movement, copies of deficiency notes, inspection reports, payment release note, dispatch record, rule relied upon, name and designation of the office holding the file, and copies of correspondence between offices. Do not ask the PIO to “solve my grievance” or “punish the officer”. RTI cannot force a private company to refund money unless the record is held by a public authority, but it can expose government-side delay, missing file movement or reasons.

• Passport Seva
• CPGRAMS
• e-Migrate
• The RTI Playbook

1. Step 1: Can immigration consultancy keep your original passport? (a) Original passport: (i) a passport issued under the Passports Act, 1967 at all times remains the property of the Central Government — Passports Act Section 17 — and is issued to you for your use, (ii) no private entity has any legal right to retain your original passport; keeping it after you demand its return is a civil and criminal wrong, (iii) an immigration consultancy may need the passport for processing, but it must return the passport to you as soon as the process is over, (b) law: (i) Bharatiya Nyaya Sanhita, 2023 (in force from 1 July 2024) Section 314: dishonest misappropriation of movable property — replaces the earlier Indian Penal Code Section 403, (ii) Bharatiya Nyaya Sanhita, 2023 Section 316: criminal breach of trust — replaces the earlier Indian Penal Code Sections 405 and 406, (iii) Consumer Protection Act, 2019: deficiency of service, © rights: (i) the passport stays in your custody by law — a consultancy cannot lawfully withhold it, (ii) complain to police + Regional Passport Office (RPO), (iii) file consumer complaint for damages, (d) authority: RPO + police + consumer commission, (e) common scenario: consultancy retains passport for visa processing — must return after processing, (f) note: the Passports Act, 1967 does not create an offence of a private agent retaining your passport — its Section 12 punishes furnishing false information, altering passport entries and using another person's passport. For retention by an agent, the correct hooks are Bharatiya Nyaya Sanhita Sections 314 and 316, the Consumer Protection Act, 2019 and, for overseas job placements, the government e-Migrate portal where registered recruiting agents are listed.
2. Step 2: Comparison table — passport retention scenarios. (a) Visa processing: (i) issue: consultancy keeps passport for visa stamping, (ii) remedy: passport should be returned immediately after stamping — as practical first step, demand return in writing with a 48-hour deadline, (iii) timeline: immediate, (iv) escalation: RPO + police, (v) example: consultancy kept passport 30 days; written demand served; returned in 2 days, (b) Fee dispute: (i) issue: consultancy refuses to return until fees paid, (ii) remedy: pay under protest + file consumer complaint, (iii) timeline: immediate, (iv) escalation: consumer court, (v) example: consultancy demanded Rs 50,000; paid; filed complaint; refunded, © Visa refused: (i) issue: consultancy keeps passport after visa refusal, (ii) remedy: demand return — no grounds to retain, (iii) timeline: immediate, (iv) escalation: RPO + police, (v) example: visa refused; consultancy refused return; filed police complaint; returned, (d) Lost/damaged: (i) issue: consultancy loses/damages passport, (ii) remedy: demand new passport + compensation, (iii) timeline: depends on passport re-issue processing time, (iv) escalation: RPO + consumer court, (v) example: consultancy lost passport; filed complaint; got new passport + Rs 10,000 compensation, (e) Unauthorized retention: (i) issue: consultancy retains without reason, (ii) remedy: police complaint + RPO, (iii) timeline: immediate, (iv) escalation: police + RPO, (v) example: consultancy retained 60 days; police complaint; returned same day. (Note: No private entity has a legal right to keep your original passport — file police complaint + RPO if not returned. Examples above are illustrative scenarios, not reported cases.)
3. Step 3: How to recover passport from consultancy. (a) Demand return in writing — email or letter, (b) give a 48-hour deadline, © file police complaint — cite Bharatiya Nyaya Sanhita Sections 314 and 316, (d) complain to RPO — passport retention, (e) file consumer complaint — damages, (f) RTI with RPO for passport retention rules — for format help see RTI for Passport Application Delay and RTI for police verification remarks; you can draft the application with the RTI Assistant tool.
4. Step 4: Practical tips. (a) never give original passport — give photocopy, (b) if you must hand it over — get a receipt mentioning the return date, © a police complaint is the most effective lever, (d) RPO complaint — passportindia.gov.in, (e) typical pattern: a consultancy keeps a client's passport for weeks; the client files a police complaint; the passport is returned quickly; a consumer complaint can still claim damages (illustrative scenario, not a reported case), (f) if the consultancy is placing you in an overseas job, verify the agent on e-Migrate and read fake overseas job offers and trafficking risk.
5. Step 5: Key provisions. (a) Passports Act, 1967 Section 17: a passport at all times remains the property of the Central Government, (b) Bharatiya Nyaya Sanhita, 2023 Section 314: dishonest misappropriation of movable property (earlier Indian Penal Code Section 403), © Bharatiya Nyaya Sanhita, 2023 Section 316: criminal breach of trust (earlier Indian Penal Code Sections 405 and 406), (d) Consumer Protection Act, 2019: District Commission up to Rs 50 lakh, State Commission up to Rs 2 crore, National Commission above Rs 2 crore, (e) RPO: complaint via passportindia.gov.in, (f) RTI: file with the RPO.

See Practical action guides and Travel, passport and NRI documents guides and Passport Not Dispatched and How to File RTI.