1. Indian passport holders are required to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Indian Citizenship Act does not allow dual citizenship (there is sometimes misconception that OCI card is dual citizenship). However, it has been observed that many individuals continue to retain their Indian passport and some travel on them; there are yet others who get fresh passports issued by suppression of information even several years after they acquired foreign citizenship. Such persons surrender their passports only when they need to take OCI cards, etc.

2. Since the misuse of Indian passports as described above constitutes offences under Section 12(1A) of the Passports Act 1967, which states:

"whoever, not being a citizen of India-

1. makes an application for a passport or obtains a passport by suppressing information about his nationality, or
2. 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 which 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",

it has been decided by the Government of India to impose penalty on a graded scale for such violations as per details given below:

Sl. No.	Scenario	Penalty	Section
1	Passport not surrendered up to three years and not used for travel after obtaining foreign passport	No penalty	--
2	Passport not surrendered up to three years and traveled once after obtaining foreign passport	No penalty for retention of passport, but penalty of HK$ 1570 for travel on Indian passport	12 (1A)
3	Passport not surrendered up to three years and traveled more than once after obtaining foreign passport	No penalty for retention of passport, but penalty of HK$ 1570 for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7770)	12(1A)
4	Passport not surrendered for over three years and used for travel after obtaining foreign passport	Penalty of HK$ 1570.00 for retention of passport and penalty of HK$ 1570.00 for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7770)	12(1A)
5	Renewal/re-issue of Indian passport and traveling on it after acquiring foreign nationality	(i) HK$ 3880 for each renewal/re-issue and (ii) HK$ 1570 for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7770)	12(1A)

3. A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on Indian passport. Therefore, no penalty will be leviable for travel on Indian passport within three months of acquisition of foreign passport.

Requirements for surrender of Indian passport:

1. Form 17 to be filled in duplicate accompanied by two passport size photographsand to be signed before the Consular Officer.
2. Service fee for surrender of Indian passport has been increased from HK$ 1150 to HK$ 1170/- with effect from 1.7.2011. In addition, penalty will also be payable if the passport is not surrendered immediately on acquisition of a foreign passport as per details given above.
3. Photocopies of Indian passport being surrendered including all visa pages.
4. All Indian passport booklets retained after acquisition of foreign passport to be surrendered in original with photocopies of all visa pages.
5. Duration for grant of service – 2 working days.

NOTE: Penalty will be determined if the passport is not surrendered immediately on acquisition of a foreign passport and no request or appeal for exemption of this penalty shall be entertained.