Suppression of Previous Passport Information: How to Respond to a Show Cause Notice from the Passport Office

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.

Rohan Gupta, a young IT professional based in Koramangala, Bengaluru, applied for a fresh passport in late March 2025. He had no memory of ever holding a passport. His parents had obtained one for him when he was around six years old, back in the late 1990s, purely for a family trip abroad. That document had expired decades ago, and neither Rohan nor his family had retained any record of it.

A few weeks after submitting his application, Rohan received a formal notice from the Regional Passport Office in Lucknow (where his permanent address was registered). The notice alleged suppression of material information regarding a previously issued passport bearing a partially masked number, and asked him to furnish a written explanation within a specific timeframe, directing him to appear on working days between 10:00 AM and 1:00 PM with original documents.

Rohan first tried handling this himself — drafted a simple reply letter, thought it would be enough. The Passport Office found his response insufficient and the matter stalled. A colleague then referred him to a general civil lawyer, whose generic reply again failed to address the procedural and evidentiary specifics the Office required. Growing anxious, Rohan approached Advocate Sudhir Rao. The matter was handled with a structured explanation supported by an affidavit, an indemnity bond, an old family photo as circumstantial evidence of the childhood trip, and a correctly framed declaration under the Passports Act, 1967. The Office accepted the explanation, and Rohan's fresh passport was processed without further impediment. The turnaround, once the right approach was applied, was remarkably swift.

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.

Don't ignore the notice or delay your response. The Regional Passport Office gives a limited window to appear and submit your explanation. Missing that window can result in rejection of your application or, in serious cases, referral to enforcement authorities under the Passports Act, 1967. And here's the thing — people underestimate how quickly a manageable administrative matter can turn into something uglier when ignored.

Gather every possible document. Even if you don't have the old passport, pull out the birth certificate, dig up old photographs from the relevant period, school records, family correspondence — anything that corroborates your explanation that the earlier passport was obtained during your minority without your knowledge. Don't assume the Passport Authority will give you the benefit of the doubt without something tangible on paper.

Draft a precise affidavit. A simple informal letter is rarely enough. A properly sworn affidavit explaining the circumstances, combined with an indemnity bond and supporting documents, carries far greater evidentiary weight before the Passport Authority. That difference, between a casual letter and a sworn affidavit, is often what separates a resolved case from a stalled one.

Passport suppression matters sit at the intersection of administrative law, the Passports Act, and in more serious cases, provisions of the Bharatiya Nyaya Sanhita. Advocates who handle these matters regularly know the internal procedures of Regional Passport Offices, the standard of explanation required, and how to frame declarations that actually satisfy the Authority. A general practitioner who doesn't handle such administrative-cum-quasi-criminal proceedings frequently may not be familiar with these specifics, and that gap can cost you time and, potentially, your application. Frankly, this is one area where specialisation genuinely matters.

Applicable Sections of Law

The primary statute governing this matter is the Passports Act, 1967. The relevant provisions are:

• Section 12(1)(b), Passports Act, 1967: Penalises obtaining or attempting to obtain a passport by suppressing material information or making a false statement in the application.
• Section 12(1)(a), Passports Act, 1967: Penalises contravention of the provisions of the Act or rules made thereunder.
• Section 6(2)(f), Passports Act, 1967: Empowers the Passport Authority to refuse a passport if the applicant does not satisfy the Authority regarding the truth of the information furnished.
• Section 318(4) BNS (Bharatiya Nyaya Sanhita): Where the suppression amounts to cheating by false representation to a public authority, this provision may additionally be attracted in more egregious fact situations.

Punishment and Penalties

Under Section 12(1)(b) of the Passports Act, 1967, suppression of material information in a passport application is punishable with imprisonment up to two years, or a fine up to Rs. 5,000, or both. Where the offence is committed by misrepresentation that results in actual issuance of a passport, the punishment can extend to five years imprisonment under Section 12(2). Make no mistake, the offence under the Passports Act is cognizable and non-bailable where imprisonment exceeds three years. But in minor suppression cases involving childhood passports issued to minors without their knowledge, authorities typically treat the matter at the administrative level, not as a criminal prosecution, provided a satisfactory explanation is furnished promptly.

Jurisdiction — Where to File the Case

Show cause notices and explanation requirements are handled administratively before the concerned Regional Passport Office (RPO) having jurisdiction over the applicant's permanent address. If the RPO's decision is adverse and the applicant seeks to challenge it, a writ petition under Article 226 lies before the High Court having territorial jurisdiction over that RPO. For any criminal prosecution initiated under the Passports Act, the trial would be before the jurisdictional Judicial Magistrate First Class (JMFC). Getting jurisdiction right from the outset matters because filing at the wrong forum wastes time and can prejudice your position.

What if Police Refuse to File FIR?

• If a criminal complaint related to passport fraud is being lodged and police at the local station decline to register an FIR, approach the Superintendent of Police in writing under Section 173(4) BNSS.
• A private complaint can be filed directly before the jurisdictional Magistrate under Section 175(3) BNSS, bypassing the police altogether.
• If both avenues fail, a writ petition under Article 226 of the Constitution before the High Court seeking a direction to register the FIR is available as a last resort, as affirmed in Lalita Kumari v. Government of UP, 2014.
• Document every refusal in writing and preserve all acknowledgment receipts from the police station.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution: You can't be compelled to be a witness against yourself. Any statement made to the Passport Authority during an administrative inquiry is separate from statements to police.
• Right to legal representation under Article 22 of the Constitution: You're entitled to consult and be represented by a legal practitioner of your choice at every stage.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated by Article 22(2) and Section 57 BNSS.
• Right to a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
• You retain the right to silence during police questioning; no adverse inference can be drawn from silence during the investigative stage.

Bail Provisions

Offences under Section 12(1)(b) of the Passports Act, 1967, where the punishment is up to two years, are generally bailable. Bail can be obtained at the police station itself. Where the fact situation is aggravated and the prosecution proceeds under provisions carrying punishment beyond three years (such as Section 12(2)), the offence becomes non-bailable, and regular bail under Section 480 BNSS would need to be sought before the Magistrate. If there's apprehension of arrest before an FIR is even filed, anticipatory bail under Section 482 BNSS is available from the Sessions Court or High Court. Now, before you worry too much — in practice, for innocent cases of childhood passport suppression, criminal prosecution is rare, and bail ordinarily doesn't become a live issue.

Quashing of FIR / Case

If an FIR is registered for passport suppression and the facts clearly disclose that there was no deliberate misrepresentation (say, the applicant was a minor when the earlier passport was issued and had no knowledge of it), quashing of the FIR before the High Court under Section 528 BNSS is a viable and often effective strategy. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories where FIRs ought to be quashed, including cases where the allegations, even taken at face value, don't constitute the offence alleged. An affidavit explaining the circumstances, supported by documentary evidence, can form the basis of a strong quashing petition. But this should always be done promptly.

If You Are the Victim

• Respond to the Passport Office's notice within the prescribed time. Don't assume the matter will resolve itself without a written reply.
• Obtain a certified copy of the old passport record (if traceable) from the Passport Seva portal or through an RTI application to the Ministry of External Affairs, so you know exactly what information the Authority already holds.
• Prepare a detailed sworn affidavit explaining the circumstances, particularly if the earlier passport was issued during your minority without your direct involvement.
• Keep copies of every document you submit to the RPO, along with acknowledgment slips or email confirmations of receipt.
• If the RPO rejects your explanation and imposes an adverse order, file a representation to the Passport Seva Kendra Head and, if necessary, approach the High Court promptly.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card (as primary identity proof)
• Birth certificate issued by the Municipal Corporation or hospital
• Old school records or mark sheets from the period when the earlier passport may have been issued
• Old family photographs or any travel-related memorabilia from the relevant period
• Parents' old passports, if available, as they often bear endorsements of minor children included in the passport
• Any old airline tickets, hotel booking records, or visa stamps, if traceable
• A properly drafted and notarised affidavit explaining the suppression circumstances
• Indemnity bond (standard format prescribed by the Passport Authority)

What Evidence Is Required?

• The old passport itself (if traceable): Primary evidence of the earlier document's existence, number, and validity period.
• Parents' affidavit: If the applicant was a minor when the earlier passport was issued, a sworn statement from parents confirming they obtained the passport for the child and the child had no independent knowledge of it.
• RTI response from MEA: Documentary evidence of what the passport database shows about the earlier document, to ensure your explanation aligns precisely with official records.
• School/college records from the relevant period: Corroborate the applicant's age and circumstances at the time the earlier passport was obtained.
• Photographs and travel records: Circumstantial evidence supporting the claim that the earlier passport was used for a childhood family trip and then simply forgotten.
• Indemnity bond and sworn affidavit: These serve as formal undertakings before the Passport Authority and carry evidentiary significance in the administrative inquiry.

How the Police Behave in Such Cases

Straightforward. In cases of childhood passport suppression, police involvement is uncommon. The Passport Authority typically handles these matters administratively. But if a reference is made to the local police or the Central Investigation Bureau (as can happen in cases where deliberate fraud is suspected), police may record your statement and seek documentary verification. Police in such matters often take a cautious approach, especially where the applicant cooperates transparently and furnishes documents proactively. That said, delays in responding to the RPO can sometimes escalate the matter to verification agencies, which is why acting fast matters.

Timeline of Legal Process

• Receipt of show cause notice from RPO (Day 1): Carefully read the notice, note the deadline for appearance, and immediately consult an advocate.
• Document gathering and affidavit drafting (Days 2 to 7): Compile all relevant documents and have a properly sworn affidavit and indemnity bond prepared.
• Personal appearance at RPO with documents (within the notice period, usually 1 to 2 weeks): Submit explanation, affidavit, indemnity bond, and supporting documents. Obtain acknowledgment.
• RPO processing and verification (2 to 6 weeks): The Authority reviews the explanation and may refer for police verification.
• Decision by RPO: Acceptance (passport processed) or rejection (adverse order issued).
• Representation or appeal (if rejected, within 30 days): File a formal representation to the Regional Passport Officer or approach the High Court under Article 226.
• High Court writ proceedings (if necessary): 3 to 12 months depending on the court's docket and urgency of the matter.