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

A gentleman named Mr. Rohan Sharma found himself in a difficult position regarding his passport. He had successfully renewed his passport the previous year, and it was delivered to his permanent address in the city of Alipur within just a few days. However, due to pressing family commitments, Mr. Sharma had been dividing his time between his permanent home and another residence in a nearby town. Recently, during a routine verification process, the local police visited his permanent address. His father, who was present at the time, informed the officer that Mr. Sharma was not currently living there. According to Mr. Sharma, his father felt intimidated by the officer’s aggressive tone and felt pressured into making that statement.

Initially, Mr. Sharma had not paid much attention to the formalities surrounding his passport, as he was in a junior role at his company, “Apex Tech Solutions,” and did not foresee any international travel. However, his circumstances changed when he was promoted and informed of a mandatory business trip to Southeast Asia. His employer now requires him to submit his passport urgently. When he attempted to resolve the issue through a re-verification, the police constable involved was uncooperative. The officer accused him of deliberately concealing his dual residences and even suggested it amounted to forgery. In a moment of panic, Mr. Sharma admitted to offering a bribe to the officer, which was refused, further complicating the matter. He is now deeply concerned that this adverse report will lead to the cancellation of his passport and is seeking a way to rectify the situation legally and efficiently. He mentioned that a friend from Rajasthan had recently renewed a passport while living in Gujarat without any such complications.

Advice in such cases

When faced with an adverse police verification report for a passport, it is crucial to act methodically and legally. Panicking or resorting to illegal means will only worsen the situation.

• Immediately cease all direct communication with the uncooperative police officer. Further engagement without legal guidance can be detrimental.
• Gather all documents that can substantiate your presence at both addresses. This includes rent agreements, utility bills (electricity, gas, internet), bank statements, and your Aadhaar card.
• Formally approach the Regional Passport Office (RPO) with a detailed written representation. Clearly explain the misunderstanding, state the facts about your dual residency, and attach copies of all supporting documents.
• Simultaneously, you can file a representation with a senior police official, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of the concerned district, explaining the situation and requesting a fair and impartial re-verification.
• 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 this issue is The Passports Act, 1967. The police officer’s allegations of forgery would fall under the Bharatiya Nyaya Sanhita, 2023 (BNS).

• The Passports Act, 1967, Section 10(3)(b): This section allows the Passport Authority to impound or cause to be impounded or revoke a passport or travel document if it believes that the passport was obtained by the suppression of material information or on the basis of wrong information provided by the holder. This is the key section relevant to an adverse police report based on residency.
• The Passports Act, 1967, Section 12(1)(b): This section outlines the penalty for knowingly furnishing any false information or suppressing any material information with a view to obtaining a passport. It is an offence punishable with imprisonment and/or a fine.
• Bharatiya Nyaya Sanhita, 2023 (BNS), Section 333: This section deals with the offence of forgery. An allegation of forgery by a police officer in this context is usually an exaggeration or a pressure tactic, as a simple misunderstanding about residency does not typically meet the legal definition of forgery. However, it is a serious allegation that must be addressed carefully.

If you are the complainant

In this scenario, you are the applicant against whom an adverse report has been filed. If you wish to complain about the conduct of the police officer or the unjust report, you become the complainant.

• Draft a formal written complaint against the specific police officer, detailing his uncooperative behaviour, harassment, and unfounded allegations. Submit this to his superior officer, such as the SP or DCP.
• File a grievance directly with the Regional Passport Officer (RPO), not just explaining your residency issue but also highlighting the procedural lapses and misconduct during the police verification.
• If the RPO and senior police officials do not provide a satisfactory resolution, you may need to file a writ petition in the High Court seeking a direction to the Passport Authority to consider your representation and issue the passport.
• 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 the person facing the adverse report, you are the victim of a procedural issue that is jeopardizing your travel plans and causing mental distress.

• Your first step is to stop panicking and avoid any further missteps, such as offering bribes. Acknowledging this mistake in your legal consultation is important, but do not repeat it.
• Systematically gather all documentary evidence. Create two sets of documents: one proving your connection to your permanent address and another for your temporary residence.
• Write a clear, concise, and honest representation to the RPO. Explain that you maintain your permanent address but have to stay at another location for family or professional reasons. Emphasize that there was no intent to mislead.
• Attach a sworn affidavit to your representation, legally affirming the facts of your residential status.
• 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 are tasked with physically verifying that the applicant resides at the address mentioned in the passport application. Their behaviour can vary widely.

• Standard Procedure: The officer visits the address, checks the applicant’s identity documents, and confirms their presence with neighbours or family if the applicant is unavailable.
• Strict Interpretation: Some officers interpret “residence” very strictly. If an applicant is found to be living elsewhere, even temporarily, they may file an adverse report without considering the nuances of the situation.
• Misconduct: In some unfortunate cases, officers may use the situation to harass the applicant or solicit bribes. Allegations of serious offences like forgery are often used as pressure tactics.
• Outcome of Report: An adverse report is not a final verdict. It is an input to the RPO, who is the final decision-making authority. The RPO has the power to overrule the police report if the applicant provides a satisfactory explanation and evidence.

FAQs people normally have

What evidence is required?

To successfully challenge an adverse report based on residency, you need strong documentary evidence. The more comprehensive your file, the better your chances.

• Proof of Permanent Address: Aadhaar card, Voter ID, property documents, and utility bills in your name or your parents’ name.
• Proof of Current/Second Address: Registered rent agreement (if applicable), a letter from your employer confirming your posting, utility bills for the second address, and bank statements showing transactions in that locality.
• An Affidavit: A notarized affidavit clearly explaining the reason for maintaining two residences and affirming that you have not suppressed any material facts.
• Supporting Documents: A letter from your company stating the urgent need for international travel can add weight to your application for an expedited resolution.

How long will the investigation take?

The timeline for resolving an adverse police verification report can vary.

• RPO Resolution: If you provide a compelling representation with strong evidence directly to the RPO, the matter could be resolved within 2 to 4 weeks. The RPO may decide to issue the passport without further police involvement.
• Police Re-verification: If the RPO orders a re-verification, the process could take another 3 to 6 weeks, depending on the workload and cooperation of the local police department.
• Legal Route: If the administrative channels fail and you have to approach the High Court, the process could take several months. However, courts can grant interim relief for urgent travel needs in deserving cases.

Advocate Sudhir Rao, Supreme Court of India