Passport Verification After Trespassing Incident: Legal Risks and How to Proceed

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: A trespassing incident where police only recorded your name and phone number, with no FIR, no court case, and a cash settlement, will not automatically block your passport. Passport verification checks for registered criminal cases and court orders — not informal police station records. But there are some risks if the police station maintained an internal diary entry, and you must be honest in your passport application.

Arjun Mehta, a first-year engineering student at a college in Pune, found himself in a situation that could have derailed his plans for higher studies abroad. One evening in March 2025, Arjun and his friends decided to explore what appeared to be an abandoned under-construction building in the Viman Nagar area. They climbed a fence, reached the rooftop, and spent about an hour taking photos and videos.

What they didn't anticipate was the arrival of security guards. The guards caught one of the group members on the terrace while trying to leave. The police were called. Arjun and his friends spent the entire night at the Vishrantwadi police station. The next morning, a senior inspector arrived. No formal case was registered. Instead, the officer recorded their names and phone numbers in a register. The builder's representative agreed to a cash settlement — essentially a bribe of Rs. 15,000 — and the matter was closed on the spot.

Worried about his passport application for a study-abroad program, Arjun approached the office of Advocate Sudhir Rao. He had already spoken to two general practitioners who gave vague answers, suggesting there would always be a problem. That's when he reached out to us. Advocate Sudhir Rao and his office reviewed the specifics: no FIR, no magistrate's order, no court case. The team argued that without a registered criminal case, there was no legal impediment to Arjun's passport. The specialised understanding of passport verification laws and criminal procedure made the difference. The office prepared a written note for the passport authorities, confirming the absence of any pending or concluded criminal proceedings. Arjun's passport was issued within three weeks.

Key Facts of the Case

• The client and his friends trespassed into an under-construction building in Pune, Viman Nagar area, in March 2025.
• Security guards caught one member of the group, leading to police involvement and an overnight stay at the police station.
• No FIR was registered — the senior inspector only recorded names and phone numbers in a station diary or register.
• A cash settlement of Rs. 15,000 was paid to the builder's representative, effectively closing the matter without any judicial proceeding.
• No charge sheet, court summons, or criminal case was ever initiated under any provision of the Bharatiya Nyaya Sanhita (BNS), 2023.
• The client's passport application was initially flagged during verification, but after intervention by Advocate Sudhir Rao's office, it was cleared and issued.
• No criminal record exists against the client under any police or court database.

The Direct Legal Answer

Will this affect my passport application?

No — not automatically. Indian passport applications require disclosure of any pending criminal cases, arrests, or convictions. Since no FIR was registered and no court proceeding exists, you have no case to disclose. The passport verification process checks police and court databases for registered cases. A casual entry in a police station register, without an FIR number, will not appear in the national records. That said, if the police station maintained an internal diary entry and the passport verification officer happens to check that specific station, there could be a query. But this is rare.

What if I have to answer the criminal record question in passport forms?

The passport application form asks about "any pending criminal case" against you. If there is no FIR, no court summons, and no conviction, the honest answer is "No." Lying on a passport application is a separate offence under the Passports Act, 1967, punishable with up to two years imprisonment or fine. Better to say no and explain truthfully if asked during verification.

What about visa applications for other countries?

Different countries ask different questions. The US, UK, Canada, and Australia ask about arrests or convictions. An arrest without a conviction still needs to be disclosed in many visa forms. However, here there was no arrest — you were merely detained overnight at the police station and let go without charges. Most visa forms ask about arrests, not informal police inquiries. But check the specific wording of each country's form.

Advice in Such Cases

First, do not panic. Trespassing is an offence under Section 318 of the BNS (criminal trespass), but it is bailable, non-cognizable, and compoundable. That means police cannot arrest you without a warrant, and the builder can settle the matter. Here, the settlement happened without any court involvement — which is good for your record.

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.

Second, keep a written record of what happened. A simple signed affidavit about the incident, the lack of FIR, and the settlement can be useful if passport or visa authorities ask. Third, do not volunteer information to police or authorities unless asked. Silence is your right. This type of matter — a trespassing incident resolved informally — requires an advocate who understands both criminal procedure and passport/visa law. A general practitioner might advise over-disclosure, creating unnecessary problems. Domain-specific experience matters here.

Applicable Sections of Law

• Section 318 BNS (Criminal Trespass): Entering into or upon property in possession of another with intent to commit an offence or to intimidate, insult, or annoy. Punishable with up to three months imprisonment or fine up to Rs. 500, or both.
• Section 323 BNS (House-trespass): Entering or remaining in any building, tent, or vessel used as a human dwelling or for custody of property. If the building was under construction but intended as a dwelling, this section could apply. Punishable with up to one year imprisonment or fine up to Rs. 1,000, or both.
• Section 175(3) BNSS (Private Complaint): If police refuse to register an FIR for a cognizable offence, the complainant can file a private complaint before a Magistrate.
• Passports Act, 1967, Section 12: Knowingly furnishing false information or suppressing material information in a passport application is punishable with up to two years imprisonment or fine up to Rs. 5,000.

Punishment and Penalties

• Section 318 BNS (Criminal Trespass): Maximum three months imprisonment, fine up to Rs. 500, or both. Non-cognizable, bailable, compoundable by the person in possession of the property.
• Section 323 BNS (House-trespass): Maximum one year imprisonment, fine up to Rs. 1,000, or both. Non-cognizable, bailable, compoundable.
• Since no FIR was registered and no court proceeding commenced, no actual penalty was imposed. But the risk of penalty existed theoretically.

Jurisdiction — Where to File the Case

Criminal trespass (Section 318 BNS) is non-cognizable — police cannot arrest without a warrant and need a magistrate's order to investigate. The offence occurs within the jurisdiction of the police station where the property is located. In Arjun's case, that was Vishrantwadi police station, Pune. If a formal complaint had been filed, the Judicial Magistrate First Class (JMFC) in Pune would have jurisdiction. For passport verification disputes, the Passport Office in Pune has jurisdiction, and any legal challenge would go to the High Court of Bombay, bench at Pune.

What if Police Refuse to File FIR?

In this case, police did not file an FIR because the matter was settled. But generally, if you are the victim of trespass or any other crime and police refuse to file an FIR:

• Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
• If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution.
• Keep a written acknowledgment of your complaint to police — send it by registered post or obtain a receipt.

Rights of the Accused

• Right to remain silent (Article 20(3)): No person accused of an offence shall be compelled to be a witness against themselves.
• Right to legal representation (Article 22): Every person arrested has the right to consult and be defended by a legal practitioner.
• Right to be produced before a Magistrate within 24 hours: Any arrested person must be produced before the nearest magistrate within 24 hours of arrest, excluding travel time.
• Right to know grounds of arrest: You must be informed of the grounds of arrest immediately.
• Right to copy of FIR: If an FIR is registered, you are entitled to a free copy.

Bail Provisions

Both Section 318 and Section 323 BNS are bailable offences. That means bail is a right, not a discretion of the court. If arrested, the accused can seek bail from the police station itself (police bail) or from the Magistrate. For non-bailable offences, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court. But here, with no arrest and no FIR, the question of bail does not arise. If you face a similar situation in the future, remember that trespass is bailable — don't let anyone tell you otherwise.

Quashing of FIR / Case

If an FIR had been registered, the High Court has inherent powers under Section 528 BNSS to quash the FIR or criminal proceedings. Grounds for quashing include: no prima facie offence made out, abuse of process of court, or where the offence is compoundable and the parties have settled. In Arjun's case, since no FIR was registered, the question of quashing was moot. But if you find yourself with a trespass FIR, a well-drafted quashing petition can get it struck off, especially if the builder or property owner agrees to settle.

If You Are the Victim

If someone trespasses on your property, here's what you can do:

• File an FIR at the local police station under Section 318 or 323 BNS, as applicable.
• Document the trespass with photographs, videos, and witness statements.
• Consider filing a civil suit for injunction and damages in a civil court.
• If the trespasser has caused damage, a complaint under Section 426 BNS (mischief) can also be added.
• Remember that trespass is a compoundable offence — you can settle with the accused if you wish.

Documents You Must Keep Ready

• Aadhaar card and PAN card for identity proof.
• College ID and admission letter (to show your residential and study status).
• Any written note or acknowledgment from the police station regarding the incident.
• Affidavit describing the incident, the lack of FIR, and the settlement.
• Passport application receipt and fee payment proof.
• Any correspondence with the Passport Office or Regional Passport Officer.
• Bank statement or payment proof for the cash settlement, if available.
• Any WhatsApp or phone records showing the group's communications about the incident.

What Evidence Is Required?

• Police station diary entry (if you can obtain a copy) — the best proof that no FIR was registered.
• Affidavit from yourself and any friends who were with you — detailing the entire incident and settlement.
• Photographs or videos taken at the building (though these could also be evidence of trespass, so be cautious).
• Any receipt or proof of payment for the settlement amount.
• Witness statements from anyone who saw the incident or the police station interaction.
• Communication with the builder's representative, if any.
• Primary evidence (direct testimony) is stronger than secondary evidence (documents). But in the absence of a formal case, affidavits are your best bet.

How the Police Behave in Such Cases

Police in India handle trespass cases involving college students with a mixture of intimidation and flexibility. Typically, they will detain the group overnight, call the parents or college authorities, and then try to settle the matter informally. The goal is often to extract a "settlement" — sometimes a bribe, sometimes a written apology. No FIR is registered in many such cases because trespass is non-cognizable and requires a magistrate's order to investigate. Police know that registering a formal case involves paperwork, court appearances, and trouble. They prefer informal resolution. That's what happened in Arjun's case — an overnight detention, a cash settlement, and a release.

Timeline of Legal Process

If a formal case had been filed, the timeline would look like this:

• FIR registration: Immediately after complaint, typically within hours.
• Investigation: 60-90 days for police to complete and file charge sheet.
• Cognizance by Magistrate: 2-4 weeks after charge sheet is filed.
• Framing of charges: 1-2 months after cognizance.
• Trial: 6-12 months for a summary trial in a bailable, compoundable case.
• Judgment: 1-2 months after arguments.
• Appeal: 2-5 years in Sessions Court or High Court, if at all.

But since no FIR was registered, the entire process was avoided. The key takeaway: an informal settlement at the police station can save months or years of legal trouble, but it leaves a grey area for passport verification.

How Long Will the Investigation Take?

If a formal complaint had been filed under Section 318 BNS, police investigation would typically take 60-90 days. For non-cognizable offences, police need a magistrate's order to investigate, which adds another 1-2 weeks. The charge sheet must be filed within the limitation period for summons cases — three years from the date of offence under BNSS. In Arjun's case, since no investigation was ordered, the matter was effectively closed from day one.

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?

Absolutely. Trespass under Section 318 BNS and house-trespass under Section 323 BNS are compoundable offences. That means the person in possession of the property — here, the builder — can settle the matter with the accused at any stage, even before a court. The settlement can be recorded before a Magistrate, and the case ends in acquittal or discharge. In Arjun's case, the settlement happened outside court, which is less formal but still effective. For a clean record, a compromise deed before a Magistrate is better. But if no FIR was registered, the informal settlement is sufficient — provided you have proof of it.

Common Mistakes People Make

• Panicking and over-disclosing: People call the police themselves, confess voluntarily, and create a record where none existed. Silence and legal advice first.
• Lying on the passport application: Saying "No" when there is a registered case is fraud. Saying "No" when there is no case is truthful. Don't overthink.
• Engaging a lawyer without domain-specific experience: A general practitioner may not understand passport verification nuances, visa implications, or the distinction between an informal police record and a formal criminal case. This often leads to wrong advice — either over-disclosure or failure to prepare a proper response to passport authorities. An advocate who regularly handles criminal records, passport disputes, and visa issues will know the exact procedure, what documents to submit, and how to deal with the Regional Passport Officer.
• Posting about the incident on social media: A Facebook or Instagram post bragging about the trespass or the night at the police station can be found by passport verification officers or visa authorities. Delete it.
• Not keeping records: People forget the police station name, the officer's name, or the settlement amount. Write it all down immediately.
• Trying to bribe passport officials: This is a serious offence. Don't even think about it. The honest approach works here.

FAQs People Normally Have

Will this trespass incident show up on a police verification for a government job?

Probably not. Police verification for jobs checks for registered FIRs, convictions, or pending cases. An informal station diary entry is rarely shared with employers. But if the employer specifically requests a character certificate from the local police station, there's a small risk. A certificate of no criminal record can be obtained from the same police station to pre-empt this.

Can the builder reopen the case later?

Technically, yes — if the offence is non-cognizable and no FIR was registered, the builder can still file a complaint before a Magistrate within the limitation period (three years for trespass). Practically, if a settlement was reached and money was paid, reopening the case is unlikely. But keep proof of settlement.

Should I voluntarily disclose this to the passport officer during verification?

No. Disclose only what is asked. The passport form asks about "pending criminal cases." If there is none, say no. If the passport officer asks during the physical verification whether you have ever been to a police station, answer truthfully but briefly. Volunteer nothing.

What if the police station recorded my name in a case diary?

Case diaries are internal police documents not accessible to the public or passport authorities unless specifically called for. In practice, passport verification does not check every station's diary — only registered FIRs and court records. But if you are worried, a lawyer can file an RTI application to check whether any record exists.

Can I get a certificate from the police station saying no case is registered?

Yes. You can approach the same police station and request a "no objection certificate" or "certificate of no criminal record." In smaller stations, this is common. In larger cities, you may need to file an RTI. This certificate is extremely useful for passport and visa applications.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India