One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If the Regional Passport Office (RPO) has already granted your Tatkal passport and the physical booklet is in your hands, a false adverse police report during post-verification does not automatically cancel it. The RPO will issue a Show-Cause Notice first, giving you a chance to explain. Standing your ground with a documented paper trail of complaints is the correct legal approach — paying "speed money" is neither necessary nor safe in the long run.
Last month, a resident of Gomti Nagar, Lucknow named Arjun Mehta walked into the office of Advocate Sudhir Rao. He had a passport problem that had spiralled into a nightmare. A local beat officer from the Gomti Nagar police station had demanded a ₹1,000 bribe during his initial passport application. When Arjun refused to pay more, the officer logged a false "Adverse" report. The first application was closed. Then Arjun reapplied under Tatkal. And surprisingly, the RPO granted it. The physical passport was on its way. But the police were coming for post-verification. Arjun was terrified the same officer would file another false report out of spite.
Earlier attempts with local lawyers had gotten nowhere. They told him to pay up and move on. That's when he approached the Chamber of Advocate Sudhir Rao in Lucknow. Advocate Sudhir Rao took one look at Arjun's CPGRAMS complaints and the flawless documentation — including his father's ancestral caste certificate. His office immediately prepared a detailed legal reply. They also filed a formal complaint with the Passport Seva Kendra against the officer. The approach was simple: flood the system with the truth. Advocate Sudhir Rao's expertise in handling passport disputes — particularly those involving police misconduct — was decisive. He knew that the RPO cannot cancel a granted Tatkal passport solely on an uncorroborated beat officer's word. The specialised handling ensured the post-verification was completed without incident. The passport stayed. The officer was eventually transferred.
Key Facts of the Case
- The first passport application was rejected after a beat officer from Gomti Nagar Police Station filed a false adverse report demanding a ₹1,000 bribe.
- The client refused to pay the bribe and instead filed complaints via CPGRAMS and Passport Seva Grievance portals.
- Subsequently, a fresh Tatkal application was submitted and the RPO approved it; the physical passport booklet was issued.
- Post-verification by the same police officer remained pending after the passport issuance.
- The client had zero criminal record and held all required documents, including his father's caste certificate and proof of residence.
- Advocate Sudhir Rao's office prepared a legal response and filed a formal complaint against the officer with the Passport Seva Kendra.
- The specialised handling ensured the post-verification cleared without further harassment.
The Direct Legal Answer
Can the RPO cancel my granted Tatkal passport based on a false adverse report?
No, not without due process. Under the Passports Act, 1967 and the Passport Rules, 1980, once a passport has been granted and issued, cancellation requires a formal Show-Cause Notice. The RPO must give you an opportunity to explain. An uncorroborated adverse report from a single beat officer — especially one with a documented history of extortion complaints — is insufficient grounds for summary cancellation.
Should I pay the bribe to avoid trouble during post-verification?
Absolutely not. Paying a bribe to a public servant is an offence under the Prevention of Corruption Act, 1988. It exposes you to criminal liability. More importantly, it encourages the same officer to target others. The correct legal path is to stand your ground with your CPGRAMS paper trail. If the officer files a false report, you have already documented the coercion. That documentation becomes your strongest evidence.
What happens if the officer files a second false adverse report?
The RPO will issue a Show-Cause Notice. You then submit a detailed reply with all your evidence — the CPGRAMS complaints, the caste certificate, proof of residence, and the earlier rejection documentation. If the RPO still acts against you, you can appeal to the High Court under Article 226 for a writ of certiorari quashing the cancellation. The courts have consistently held that passport cancellation cannot be arbitrary.
Advice in Such Cases
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 to 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.
First, document everything. Keep printouts of all CPGRAMS complaints, Passport Seva Grievance acknowledgements, and correspondence with the RPO. Second, file a complaint against the officer with the Senior Superintendent of Police (SSP) of Lucknow or the local Police Commissioner. Third, if the officer persists, file a private complaint before the jurisdictional Magistrate under the BNS for extortion and criminal intimidation. A lawyer with specific experience in passport and police misconduct matters can anticipate the procedural traps that a general practitioner might miss.
Applicable Sections of Law
For criminal prosecution of the officer: Section 308 BNS (criminal intimidation) and Section 316 BNS (extortion by public servant). For the passport itself: The Passports Act, 1967, particularly Section 10 (grounds for refusal and cancellation) and Section 12 (appeal against refusal or cancellation). For bribery: The Prevention of Corruption Act, 1988, Section 7 (taking gratification other than legal remuneration). For the grievance mechanism: The CPGRAMS under the Central Secretariat Manual of Office Procedure, which requires government bodies to respond to citizen complaints within a prescribed timeline.
Punishment and Penalties
If the beat officer is prosecuted for extortion under Section 316 BNS, the punishment is imprisonment up to seven years and fine. For criminal intimidation under Section 308 BNS, the punishment is up to two years imprisonment or fine or both. Under the Prevention of Corruption Act, the minimum punishment for taking a bribe is three years imprisonment, extendable to seven years, with fine. The offence is cognizable and non-bailable. It is not compoundable — meaning you cannot settle it privately, which is by design to prevent the powerful from buying their way out.
Jurisdiction — Where to File the Case
For the police misconduct: file a complaint with the jurisdictional police station — in this case, Gomti Nagar Police Station in Lucknow. If they refuse to act, approach the SSP of Lucknow. For criminal prosecution: file a private complaint before the Chief Judicial Magistrate (CJM) Lucknow. For passport-related appeals: the RPO Lucknow or the High Court of Judicature at Allahabad (Lucknow Bench) under Article 226. Jurisdiction matters because filing in the wrong forum will waste time and money. A specialised lawyer will file in the correct forum from day one.
What if Police Refuse to File FIR?
Under Section 173(4) BNSS, if the police refuse to register an FIR about the bribery or false report, you can approach the Superintendent of Police directly. If the SP also refuses, you have two options:
- File a private complaint under Section 175(3) BNSS before the Magistrate, who can order the police to investigate.
- Petition the High Court for a writ of mandamus directing the police to register the FIR.
Do not accept a "Zero FIR" without an investigation — insist on a proper FIR being registered. The police are duty-bound to record cognizable offences. There is no discretion on this point after the 2014 Supreme Court judgment in Lalita Kumari.
Rights of the Accused
If you end up being falsely accused as a consequence of the officer's malice, remember:
- Right to silence: You cannot be compelled to be a witness against yourself under Article 20(3) of the Constitution.
- Right to counsel: You are entitled to legal representation under Article 22(1). If you cannot afford a lawyer, the State must provide one.
- Right to be produced within 24 hours: Under Section 52(1) BNSS, the police must produce every arrested person before a Magistrate within 24 hours.
- Right to know grounds of arrest: Under Section 51(1) BNSS, you have the right to know the grounds of arrest immediately.
- Right to a copy of the FIR: Under Section 172(2) BNSS, you are entitled to a copy of the FIR free of cost.
Bail Provisions
If you are arrested on a trumped-up charge, bail is your remedy. Under Section 480 BNSS, for bailable offences, bail is a matter of right. For non-bailable offences, you apply for regular bail under Section 483 BNSS. If anticipatory bail is needed, you can approach the Sessions Court or High Court under Section 482 BNSS. Typical bail conditions include furnishing a personal bond and surety, surrendering your passport, and not tampering with evidence. The strategy is to apply for bail at the earliest — delay can be fatal. In cases where the accusation is clearly false, argue that the FIR does not disclose a prima facie offence.
Quashing of FIR / Case
If the false adverse report leads to an FIR against you, you can petition the High Court under Section 528 BNSS to quash it. The High Court's inherent powers allow it to set aside proceedings that are an abuse of process. Grounds for quashing include: the FIR does not disclose a cognizable offence, the allegations are absurd and improbable, the matter is purely civil in nature, or the parties have settled. For passport-related false reports, the quashing petition should emphasise the documented CPGRAMS complaints and the officer's history of extortion. This is not a routine remedy — it requires strong documentary evidence and a clear legal argument.
How the Police Behave in Such Cases
In passport verification matters, beat officers often view the process as an opportunity for informal income. They know that citizens are anxious and will pay to avoid delays. The standard pattern is: demand money, create a false adverse report if refused, and then offer to "fix" it for a higher fee. Senior officers are usually unaware of these practices unless a formal complaint is escalated. The key is to break the cycle by documenting everything and escalating to the RPO and SSP simultaneously. Once a complaint reaches the higher authorities, the officer's behaviour changes sharply.
Timeline of Legal Process
- Day 1-7: Post-verification visit by police. If adverse report filed, RPO issues Show-Cause Notice.
- Day 8-30: Submit reply to Show-Cause Notice with all documentation and CPGRAMS evidence.
- Day 31-60: RPO decides either to cancel the passport or drop proceedings. If cancelled, appeal to the High Court.
- Day 61-90: Filing of private complaint or quashing petition before the Magistrate or High Court.
- Day 90-180: Court orders investigation or issues notice. Final disposal within 6 months if properly pursued.
The process can drag if you are passive. But with proactive legal action, most matters resolve within three to four months.
How Long Will the Investigation Take?
If you file a complaint against the officer, the police investigation should ideally be completed within 60 to 90 days. The chargesheet must be filed within 90 days for most offences, failing which the accused gets default bail under Section 187 BNSS. For passport-related complaints, the RPO's internal inquiry usually takes 30 days. Realistically, a determined officer with political backing can delay matters, but the CPGRAMS timeline of 30 days for a response puts pressure on the system.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
For the criminal aspect — extortion by a public servant — the offence is non-compoundable. You cannot settle it privately. But for the passport dispute, the RPO can close the matter if you satisfy them during the Show-Cause process. No court intervention is needed. Settlement with the officer is legally impossible and practically inadvisable. Mediation or Lok Adalat may help if the matter reaches a consumer forum or a civil court for damages, but for criminal prosecution, the State is the prosecuting party once the complaint is registered. In short: do not try to settle with the officer — fight the system.
Common Mistakes People Make
- Paying the bribe: It is illegal and it encourages the officer to target others. It also means you cannot later complain without admitting your own crime.
- Engaging a general practitioner: Passport and police misconduct matters require knowledge of the Passports Act, the Criminal Procedure Code, and administrative law. A lawyer who does not regularly handle such cases might miss the procedural nuances — like the proper format for a CPGRAMS escalation or the correct court for a writ petition.
- Destroying evidence: Deleting call records, WhatsApp chats, or CCTV footage of the officer's visit can wreck your case. Preserve everything.
- Speaking directly to the officer without counsel: Anything you say can and will be used against you. Let your lawyer handle communication.
- Posting on social media: It can prejudice your case and be used by the police to build a counter-narrative. Stay off public forums until the matter is resolved.
FAQs People Normally Have
Can the RPO cancel my passport without hearing me?
No. The Passports Act, 1967 requires a Show-Cause Notice before any cancellation. You have a statutory right to be heard. The RPO cannot act arbitrarily on an uncorroborated adverse report.
What if the officer files a false report after I have the passport?
Then you get a Show-Cause Notice. You reply with all your documentation. If the RPO still cancels, you appeal to the High Court. The passport stays valid until the RPO formally revokes it — and that revocation can be challenged.
Is it worth filing a complaint against the officer?
Yes. It establishes a pattern. If the officer has done this to others, your complaint becomes part of a larger record. The department can transfer or suspend the officer. It also strengthens your position if the officer tries to harass you again.
Can I get the passport issued without police verification?
For Tatkal passports, post-verification is mandatory. But the verification is supposed to be a genuine inquiry — not an extortion opportunity. You cannot avoid it, but you can prepare for it. The key is to have all documents ready and to refuse to pay any amount.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.