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

Mr. Rohan Verma, a software consultant from Pune, was in a state of panic. A minor fire had broken out in the apartment complex where he resided. While his flat was largely unscathed, the smoke had seeped into every corner. His passport, kept in a wooden drawer, was not burnt but had suffered smoke damage. A few pages now had black soot marks along the edges. Though all the printed information, including his photo and personal details on the bio-page, remained perfectly clear and legible, the page next to the photo page had a noticeable smudge. With a crucial visa interview for a business trip to Germany scheduled in just one week and his flight booked for the end of the month, Mr. Verma was in a dilemma. He was worried whether the embassy officials or immigration authorities would consider his passport damaged and invalid, potentially jeopardizing his entire trip.

Advice in such cases

When your passport is damaged, even slightly, it can create significant uncertainty for international travel. The final decision on whether to accept a passport rests with airline staff and immigration officials, who have complete discretion.

• Assess the Damage: Carefully examine the passport. Is the laminate on the photo page peeling? Are any details on the bio-data pages obscured? Are the pages torn, or are the barcodes or machine-readable zone (MRZ) at the bottom of the photo page damaged? Any of these issues can render the passport invalid.
• Err on the Side of Caution: Even if the damage seems minor, like the smoke residue in Mr. Verma’s case, it’s always safer to apply for a re-issue. A document that looks tampered with or damaged can raise red flags at immigration, leading to delays, questioning, or even denial of entry.
• Apply for Re-issue Immediately: Do not wait. Visit the Passport Seva portal and apply for a “Re-issue of Passport,” citing the reason as “Damaged Passport.” You can opt for the Tatkaal service for faster processing if your travel is imminent.
• 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 primary law governing passports in India is the Passports Act, 1967. While this situation does not involve criminal law, the Act gives specific powers to the passport authority regarding damaged documents.

• Section 10(3)(c) of the Passports Act, 1967: This section empowers the Passport Authority to impound or revoke a passport if it is satisfied that the passport was “damaged or mutilated or has been tampered with.” This means that if an official deems your passport to be damaged, they have the legal authority to invalidate it. Therefore, presenting a damaged passport is a significant risk.

If you are the complainant

In this context, the “complainant” is the person whose passport is damaged and who needs to take action to rectify the situation.

• File an Application: Your first step is to log in to the official Passport Seva website and fill out an application for the re-issue of your passport. You must correctly choose the reason as ‘Damaged Passport’.
• Surrender the Damaged Passport: You are required to submit your damaged passport along with your application at the Passport Seva Kendra (PSK) during your appointment. Do not dispose of it.
• Provide a Declaration: You will need to submit a signed declaration or an affidavit on plain paper explaining in detail how and when the passport was damaged. Be truthful and clear in your explanation.

If you are the victim

As the holder of a damaged passport, you are the potential victim of circumstances that could derail your travel plans.

• Risk of Visa Rejection: Embassies and consulates are very strict about the condition of documents. A damaged passport is a common reason for visa application rejection.
• Denial of Boarding: Airlines have the right to deny boarding to passengers whose travel documents do not appear to be in order. They can be fined by the destination country for transporting a passenger with improper documentation.
• Issues at Foreign Immigration: The biggest risk is arriving in a foreign country and being denied entry by immigration officials. This can lead to being detained and sent back on the next available flight at your own expense.
• 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

For a damaged passport, police involvement is generally not required, unlike in cases of a lost or stolen passport. The process is handled directly by the Passport Authority. However, there is one exception. If your passport was damaged as part of a larger incident for which a police complaint was filed (like a house fire, flood, or theft where the passport was recovered damaged), a copy of the First Information Report (FIR) can be a useful supporting document to explain the circumstances of the damage to the passport officials.

FAQs people normally have

Here are some common questions that arise in such situations.

• What exactly is considered a ‘damaged’ passport?
• A passport is considered damaged if its integrity is compromised. This includes torn or missing pages, water damage, significant stains, peeling laminate on the bio-page, or any damage to the machine-readable zone (MRZ) or chip (in e-passports). Even minor damage can be grounds for it to be considered invalid.
• Can I travel with a passport that has minor wear and tear?
• Normal wear and tear are usually acceptable, but the line between ‘wear and tear’ and ‘damage’ is subjective and decided by officials. If you are in doubt, it is always best to get it re-issued.
• How quickly can I get a new passport under the Tatkaal scheme?
• The Tatkaal service is designed for urgent needs. Subject to the approval of the Passport Office and successful verification, a Tatkaal passport can be dispatched within 1-3 working days. However, the final decision to process an application under Tatkaal rests with the Passport Office.

What evidence is required?

When applying for a re-issue of a damaged passport, you will need the following:

• The original damaged passport.
• A printed copy of the online application form.
• Proof of present address (e.g., Aadhaar Card, utility bill, bank passbook).
• Proof of Date of Birth (e.g., Birth Certificate, Aadhaar Card).
• A self-attested letter or affidavit explaining the cause of the damage.
• If applicable, a copy of the police report (FIR) if the passport was damaged in an incident reported to the police.

How long will the investigation take?

There is no “investigation” in the criminal sense for a damaged passport. The process is an administrative one of verification. The Passport Seva Kendra (PSK) officer will physically inspect the damaged passport and review your application and supporting documents during your appointment. If everything is in order, the application is processed for re-issue. The time taken depends on whether you have applied under the Normal or Tatkaal category and the workload at the specific Passport Office. For a straightforward case of damage, the process is typically smooth and adheres to the standard timelines for passport issuance.

Advocate Sudhir Rao, Supreme Court of India