If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Jayanagar, found himself in a peculiar situation regarding his official documents. His first passport was issued when he was a minor, with his date of birth recorded as May 25, 1998, based on his initial birth certificate. This passport eventually expired. Subsequently, his family undertook the process to correct his official date of birth to May 25, 1999. They successfully had a new birth certificate issued by the Jayanagar Municipal Corporation, which was also updated in the online government records. Along with this, a minor correction was made to his name, changing it from “Alok Kumar Verma” to “Alok Verma”. Now an adult, Mr. Verma needs to apply for a passport but wants it to reflect his corrected date of birth and name. He is concerned about whether this change will be permissible and what the legal procedure entails.

Advice in such cases

Navigating the passport re-issuance process with a change in date of birth requires careful preparation and adherence to legal protocols. It is not as simple as a standard renewal.

• Gather all supporting documents meticulously. This includes both the old and new birth certificates, the expired passport, educational certificates, Aadhaar card, and any other identity documents. Consistency across documents is key.
• You must apply for a “Re-issue of Passport” and not a “Fresh Passport.” Failing to disclose the previously held passport is a punishable offense. In the application, you must select the option for a change in personal particulars.
• Obtain a declaratory decree from a competent civil court. For a change in the date of birth, the Passport Office often requires a court order that officially declares your correct date of birth. This is the most crucial step to legitimize the change.
• Prepare a detailed affidavit sworn before a Notary or a Judicial Magistrate, explaining the circumstances that led to the error in the initial birth certificate and the subsequent correction.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The entire process is governed by specific Indian laws and regulations. Understanding these can provide clarity on the requirements.

• The Passports Act, 1967: This is the primary legislation governing the issuance, refusal, and impounding of passports in India. Section 10(3) gives the Passport Authority the power to impound or cause to be impounded or revoke a passport if it finds that the holder obtained it by the suppression of material information or on the basis of wrong information. This is why transparency is critical.
• The Passport Rules, 1980: These rules detail the procedures for passport applications. The guidelines for changing personal particulars like name and date of birth are outlined here.
• The Registration of Births and Deaths Act, 1969: This Act governs the process of registering births and deaths and the procedure for correcting errors in the records, which is the foundational step Mr. Verma’s family already completed.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the process is administrative, any attempt to use forged documents can attract criminal charges. For instance, using a fake court order or a fraudulent birth certificate could lead to prosecution under provisions like Section 247 of the BNS, which deals with forgery for the purpose of cheating.

If you are the complainant

In this scenario, you are the applicant seeking the change, not a complainant in a dispute. Your approach should be proactive and transparent.

• Be Honest: Do not hide the fact that you held a previous passport. Clearly state in your application that you are applying for a re-issue with a change in particulars.
• Provide a Clear Narrative: Submit a self-attested letter along with your application that clearly and chronologically explains why the date of birth was incorrect initially and what steps were taken to rectify it legally.
• File an Affidavit: An affidavit is your sworn statement. It should detail the old DOB, the new DOB, and the reason for the change, confirming that all information provided is true to the best of your knowledge.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If your application is rejected or you face undue delays, you are essentially a victim of procedural hurdles. Here’s what you can do.

• Seek Reasons in Writing: If the Passport Seva Kendra (PSK) or Regional Passport Office (RPO) rejects your application, ask for the reason for rejection in writing. This is your right.
• Appeal to a Higher Authority: You can file an appeal against the RPO’s decision with the Chief Passport Officer (CPO) at the Ministry of External Affairs, New Delhi.
• File a Writ Petition: If administrative remedies fail, the final recourse is to file a writ petition before the High Court having jurisdiction over your RPO. The court can direct the passport authorities to issue the passport with the corrected details if your case is legally sound.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police verification is a mandatory step in passport issuance and re-issuance, and it becomes more critical when there’s a change in personal data.

• Enhanced Scrutiny: Expect a more detailed police verification. The police will not only verify your address but will also be instructed to verify the change in your date of birth.
• Document Verification: They may visit your local municipal office to verify the authenticity of the new birth certificate. They will also check your school records and other local documents.
• Cooperation is Key: Be cooperative and polite with the verification officer. Keep a complete set of all your documents ready for their inspection. A clear and consistent record will lead to a favorable report.

FAQs people normally have

Here are some common questions that arise in such situations.

• Can I just apply for a fresh passport with the new details and not mention the old one?
  Absolutely not. This amounts to suppression of material information and is a serious offense under the Passports Act, 1967. It can lead to heavy penalties and a refusal to issue a passport for several years.
• What if my school and college certificates still have the old date of birth?
  This is a major hurdle. Passport authorities require consistency across all major documents. You should first get your educational records, Aadhaar card, and PAN card corrected to reflect the new date of birth before applying for the passport.
• Is a court order always necessary to change the date of birth?
  While minor corrections might be allowed at the RPO’s discretion, a change in the year of birth is considered a major change. In almost all such cases, passport authorities will insist on a declaratory order from a civil court to prevent misuse of the facility.

What evidence is required?

A strong application is built on solid documentary evidence. You will need:

• The original expired passport.
• The original birth certificate with the corrected date of birth, issued by an authority empowered under the Registration of Births and Deaths Act, 1969.
• A declaratory order from a civil court affirming the correct date of birth.
• An affidavit sworn before a Magistrate or Notary explaining the change.
• Proof of identity and address (Aadhaar card, Voter ID, etc.) with the corrected details.
• Educational certificates (like a school leaving certificate) that reflect the new, correct date of birth.

How long will the investigation take?

The timeline for such a case is longer than for a standard passport application.

• Administrative Processing: Once you submit the application with all documents, the RPO will scrutinize it. This, along with police verification, can take anywhere from 1 to 3 months.
• Judicial Process: If you need to obtain a court order, the judicial process itself can take several months to over a year, depending on the court’s workload.
• Overall Timeline: Realistically, you should be prepared for the entire process to take anywhere from 6 months to a year or more. The timeline is heavily dependent on the speed of the court proceedings and the thoroughness of the verification by the passport and police authorities.

Advocate Sudhir Rao, Supreme Court of India