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

Mr. Sameer, a 19-year-old resident of Janakpuri, found himself in a perplexing situation. He needed a passport to apply for a student visa for his higher education abroad. He vaguely remembered his parents getting a passport for him when he was just three years old for a family trip that never materialized. After searching the entire house, he couldn’t find the old passport. He had no memory of the passport number, its date of issue, or any other details. Confused, he wondered if he should apply for a “Fresh Passport” since the old one was from his childhood and long expired, or if he needed to go through the “Re-issue” process. This confusion is common, and making the wrong choice can lead to significant legal complications.

Advice in such cases

When you have previously held an Indian passport, regardless of whether it was issued when you were a minor or an adult, and it is now lost or damaged, you must apply for a “Re-issue” of the passport. Applying for a “Fresh Passport” in this scenario amounts to concealing information from the passport authorities, which is an offense under the Passports Act, 1967.

• Always choose the “Re-issue” option and specify the reason as “Lost Passport”.
• Even if you do not remember the old passport details, you must declare that you previously held one. The passport office’s internal systems can often trace previous records based on your personal information.
• Honesty is paramount. Disclosing the loss upfront is the correct and legal way to proceed.
• 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 of passport issuance, re-issue, and penalties is governed by The Passports Act, 1967. The most critical section to be aware of in this context is:

• Section 12 of The Passports Act, 1967: This section outlines the penalties for offenses related to passports. Specifically, it penalizes anyone who knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document. Applying for a fresh passport when you have already been issued one is considered suppression of material information and can lead to imprisonment, a fine, or both.

If you are the complainant

In this situation, you are the applicant reporting the loss. The steps you need to take are similar to those of a complainant initiating a legal process.

• File a Police Report: The first step is to report the loss of your passport to the nearest police station. They will issue a copy of the First Information Report (FIR) or a lost article report. This document is mandatory for the re-issue application.
• Gather Documents: Collect all necessary identity and address proofs, such as your Aadhaar card, birth certificate, and educational certificates.
• Prepare an Affidavit: You will need to submit a sworn affidavit (often in a specific format like Annexure F) detailing the circumstances of how the passport was lost and affirming that you have not surrendered or had it impounded.
• 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

As a victim of circumstance having lost your passport, it is crucial to follow the correct procedure to avoid further complications.

• Do Not Panic: Losing a passport is stressful, but there is a clear process to follow.
• Never Apply for a Fresh Passport: This is the most critical point. Do not attempt to bypass the system by applying for a fresh passport. This will be detected and will lead to legal trouble.
• Be Truthful in Your Application: In the online application form, select “Re-issue of Passport” and then choose the reason “Loss of Passport”. Fill in the details of the previous passport to the best of your ability. If you don’t know the number, state that clearly.
• 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

When you approach the police to file a report for a lost passport, they are generally cooperative. This is a common request for them. They will likely ask for the details of the passport and how it was lost. Even if you don’t have the passport number, you can provide your personal details. The police will take down your statement and provide you with a copy of the FIR or a lost certificate. This official report is the primary evidence that you have formally declared the loss of your document, protecting you from potential misuse of the lost passport.

FAQs people normally have

What if I don’t remember my old passport number or any other details?
You can still apply for a re-issue. In the application, you can mention that the details are not known. The Passport Seva system is robust and can often find your old file based on your name, parents’ names, and date of birth. It is better to state the information is unknown than to provide false information or conceal the fact that you had a passport.

Will my application be rejected because I lost my passport?
No, an application is not rejected simply because a passport was lost. However, applications for lost passports are subject to more scrutiny. The passport authority needs to be satisfied that the loss was genuine. As long as you follow the procedure correctly, file a police report, and submit the required affidavit, your application will be processed.

What evidence is required?

For a re-issue of a lost passport, you will generally need the following documents:

• Proof of Present Address (e.g., Aadhaar Card, Voter ID, utility bill).
• Proof of Date of Birth (e.g., Birth Certificate, School Leaving Certificate, Aadhaar Card).
• A copy of the Police Report (FIR) regarding the lost passport.
• An affidavit explaining how the passport was lost (Annexure F).
• If available, a photocopy of the old passport can be helpful but is not mandatory if you don’t have it.

How long will the investigation take?

This is not a criminal investigation but an application verification process. The timeline for receiving a re-issued passport after a loss can be longer than for a simple renewal. The process involves a mandatory police verification, which can take several weeks. The Passport Office may also conduct its own internal verification. Typically, you can expect the entire process to take anywhere from 3 weeks to 2 months, depending on the complexity of the case, the speed of the police verification in your area, and the workload at the Regional Passport Office.

Advocate Sudhir Rao, Supreme Court of India