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

Mr. Ajay Sharma, a resident of a small town in Uttar Pradesh, was preparing for his upcoming passport appointment. While organizing his documents, he noticed a concerning discrepancy. On all his official documents, including his Aadhaar card, birth certificate, and his father’s own identification papers, his father’s name was correctly listed as “Ramesh Chandra Sharma.” However, on his Class 10th marksheet, it was mistakenly written as “Ramesh Chandar Sharma.” Worried that this minor spelling difference could lead to the rejection of his passport application, he sought advice on how to handle the situation at the Passport Seva Kendra (PSK).

Advice in such cases

Minor spelling discrepancies in names on official documents are a common issue. Passport authorities are generally aware of such clerical errors and have established procedures to address them. Here is some advice:

• Prepare an Affidavit: The most crucial step is to get an affidavit made. This legal document, sworn before a Notary Public or an Oath Commissioner, will clarify that “Ramesh Chandra Sharma” and “Ramesh Chandar Sharma” are one and the same person, i.e., your father. It’s best if your father makes this affidavit.
• Carry All Original Documents: Take all your original documents to the appointment, including those with the correct spelling and the one with the error. This includes your father’s ID proofs as well, which will support your claim.
• Be Proactive: Do not hide the discrepancy. When your documents are being reviewed, politely point out the error to the official and present the affidavit as the supporting document to clarify the matter.
• Stay Calm and Confident: Such issues are routine for passport officials. A clear explanation supported by a legal affidavit is usually sufficient to resolve the matter without any significant hassle.
• 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 issuance of passports in India is primarily governed by the Passports Act, 1967, and the Passport Rules, 1980. There is no specific section that deals with minor spelling errors, but the process is managed through administrative guidelines issued by the Ministry of External Affairs.

The key legal instrument in such cases is the affidavit, which is a sworn statement of fact. Its validity is recognized under Indian law, including the Bharatiya Sakshya Adhiniyam, 2023 (BSA), for evidentiary purposes. The purpose of the affidavit is to provide a formal declaration to the passport issuing authority that the different names or spellings refer to the same individual.

While this is an administrative issue, it is important to note that intentionally providing false information in a passport application is an offense under Section 12 of the Passports Act, 1967. Therefore, addressing the discrepancy honestly with an affidavit is the correct and lawful approach.

If you are the complainant

In this context, you are the applicant, not a complainant in a dispute. If you are the applicant facing this issue, you should take the following steps:

• Gather Documents: Collect all relevant documents, including your birth certificate, educational certificates (including the one with the error), Aadhaar card, and your father’s government-issued photo IDs.
• Draft an Affidavit: Procure a “One and the Same Person Affidavit.” It should clearly state your father’s correct name, the name as mentioned in the specific document, and declare that both names belong to the same person. The affidavit should be made by your father.
• Organize Your File: Keep the affidavit along with the document that contains the error, so you can present them together to the official at the PSK.
• 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

You are not a “victim” in a legal sense, but rather an applicant whose process might be affected by a clerical error. If the passport official raises an objection or seems likely to reject your application due to the name discrepancy, here is what you should do:

• Present the Affidavit: Immediately and calmly present the affidavit you prepared. Explain that it is a common clerical error from the school board and the affidavit is meant to legally clarify the identity of your father.
• Request to Speak to a Senior Officer: If the official at the counter is not convinced, you can politely request to speak with the Assistant Passport Officer (APO) or a senior authority at the PSK. They have more discretion to handle such cases.
• Do Not Argue: Maintain a respectful demeanor. Arguing with the officials will not help your case. Clearly state the facts and present your supporting documents.
• 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

The police’s role in the passport process is primarily for verification of your address and to check for any criminal background. During the physical verification, the police officer will check your documents against the information you provided in the application.

A minor spelling mistake in a parent’s name on a single document is highly unlikely to be an issue for the police. Their focus is on confirming your identity, your stated address, and ensuring you have no adverse criminal record. If you have provided an affidavit with your application, it will already be in the file sent for police verification, which further clarifies the matter. In most cases, the police do not even raise a query about such minor clerical errors.

FAQs people normally have

• Who needs to make the affidavit, me or my father?
  It is always better if the person whose name has a discrepancy makes the affidavit. In this case, your father should be the deponent (the person making the sworn statement). If he is unavailable, a joint affidavit by you and your father can also be prepared.
• Will this small mistake lead to the rejection of my passport application?
  It is unlikely to be rejected if you handle it correctly. By proactively providing a clarifying affidavit, you are showing transparency and providing a legal remedy for the discrepancy. Most officials will accept this and proceed with the application.
• Do I need to get the name corrected on the 10th marksheet?
  While getting it corrected is the ideal long-term solution, it is often a lengthy and cumbersome process. For the immediate purpose of the passport application, an affidavit is the standard and accepted solution.

What evidence is required?

To support your case at the passport appointment, you should carry the following evidence:

• The Original Affidavit: A duly notarized “One and the Same Person Affidavit.”
• Applicant’s Documents: All your original documents, such as your birth certificate, Aadhaar card, and educational certificates.
• Document with Error: The original Class 10th marksheet that contains the spelling mistake.
• Father’s ID Proof: Your father’s original government-issued photo ID (like Aadhaar Card, Voter ID, or his own Passport) that shows the correct spelling of his name.
• Application Receipt: The receipt for your passport application.

How long will the investigation take?

This is not a formal “investigation.” The verification of this issue happens in real-time at the Passport Seva Kendra (PSK) during your appointment. The official at the counter will review your documents. If your affidavit and supporting documents are in order, they will likely accept your explanation, and your application will proceed to the next stage (like police verification) without any delay.

If the official raises an objection and puts your file “On Hold,” you may be asked to provide additional documents or clarification. This could delay the processing of your passport by a few days to a few weeks, depending on how quickly you can fulfill the requirements. However, a simple spelling error backed by an affidavit rarely leads to a prolonged delay.

Advocate Sudhir Rao, Supreme Court of India