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

Mr. Rohan Mehra, a resident of a bustling metropolis, recently submitted his application for a new Indian passport online. He paid the requisite fee of ₹2500 for a priority booklet and is now awaiting his turn for the police verification process. However, a wave of anxiety has hit him regarding the way he filled out his name. His full name is Rohan Kumar Mehra, but in the application, he entered ‘Rohan’ as the Given Name and ‘Mehra’ as the Surname, completely omitting his middle name, ‘Kumar’, from the ‘Given Name’ field. He is now deeply concerned that this discrepancy could lead to the rejection of his application or create significant complications for him in the future, especially with international travel and visa applications. He is unsure whether he should proactively take steps to correct this error or wait for the authorities to point it out during the verification process.

Advice in such cases

Navigating administrative errors in official documents like a passport application can be stressful. Here is a step-by-step guide on what you can do:

• Review Your Documents: Before taking any action, double-check all your supporting documents (Aadhaar Card, Birth Certificate, 10th Grade Marksheet, etc.) to confirm how your name is officially recorded. Consistency is key.
• Contact the Regional Passport Office (RPO): Do not wait. It is best to be proactive. You can try to contact the RPO under whose jurisdiction your application falls. Explain the clerical error and ask for the prescribed procedure for correction.
• Utilise the PSK Appointment: When you visit the Passport Seva Kendra (PSK) for your biometrics and document verification, you will have an opportunity to interact with the officials. At Counter A, where documents are scanned, you can highlight the error. They may guide you on how to make the correction, which might involve filling a miscellaneous form or making a note in the system.
• Do Not Conceal the Error: Hiding the mistake can be construed as providing false information, which has legal consequences under the Passports Act, 1967. Honesty is the best approach.
• 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 issuing passports in India is governed by the Passports Act, 1967. While a simple clerical error might not be viewed harshly, it’s important to be aware of the legal framework.

• The Passports Act, 1967: This is the primary legislation governing the issuance and regulation of passports in India. The Act empowers the government to issue, refuse, or revoke passports.
• Section 10(3): This section gives the passport authority the power to impound or cause to be impounded or revoke a passport or travel document if it believes that the holder of the passport obtained it by the suppression of material information or on the basis of wrong information provided by the holder.
• Section 12(1)(b): This section outlines the penalties for knowingly furnishing false information or suppressing any material information with the intent to obtain a passport. While your case is likely an unintentional error, this highlights the importance of accuracy.

If you are the complainant

In this scenario, you are the one who has made the mistake and are now seeking a remedy. You are, in essence, the petitioner in your own case, seeking to rectify an error with the passport authority.

• Act Proactively: Do not wait for the police or the RPO to find the mistake. Gather all your documents that show your correct full name.
• Prepare a Written Statement: Draft a clear and concise letter or affidavit explaining the error. State that it was an inadvertent clerical mistake and you wish to correct it to reflect your name as it appears on your official documents.
• Seek Guidance: Approach the help desk at the PSK or the enquiry counter at the RPO for the correct procedure. They handle such cases daily and can provide the most accurate guidance.
• 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 can be seen as a victim of a confusing application format or a simple human error. The consequences, however, can be significant if not addressed.

• Understand the Impact: A passport with a name that doesn’t match your other official documents can be a nightmare. It can lead to denied visas, issues at immigration counters abroad, and problems with opening bank accounts or other official work overseas.
• Preserve All Communication: Keep a record of your application, payment receipt, and any communication you have with the passport authorities regarding the correction.
• Follow Official Channels: The correction must be made through the official process laid out by the RPO. Do not offer money or try to use unofficial means to fix the problem, as this could lead to serious legal trouble.
• 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 verification is a crucial step in the passport issuance process. Their role is primarily to verify your identity, citizenship, and address, and to check for any criminal record.

• Verification, Not Correction: The police officer visiting your address is not authorized to make corrections to your application form. Their job is to verify the details you have provided against the documents you show them.
• Noting Discrepancies: If the officer notices that the name on your Aadhaar Card or other ID is ‘Rohan Kumar Mehra’ while the application form only says ‘Rohan Mehra’, they are required to note this discrepancy in their verification report.
• Adverse Report: A name mismatch will likely lead to an ‘adverse’ or ‘not recommended’ police verification report. This does not mean your application is rejected outright. It means your file will be sent back to the RPO for clarification.
• RPO Action: The RPO will then put your application on hold and send you a notification (via SMS or letter) asking you to visit them to clarify the discrepancy.

FAQs people normally have

Here are some frequently asked questions in such situations:

• What happens if my passport is issued with the incorrect name format?
  You will have to apply for a ‘re-issue’ of the passport for a change in personal particulars. This involves a new application and fee. It is much easier and cheaper to correct the error before the passport is printed.
• Will I have to pay the fee again if I correct it at the PSK?
  If the correction is minor and is handled at the PSK counter before the application is processed for printing, you may not have to pay the full fee again. However, the final decision rests with the passport authorities.
• Can this mistake be considered a crime?
  An honest, inadvertent error is not treated as a crime. However, if it is determined that you knowingly provided false information to obtain a passport, it is a punishable offense under the Passports Act, 1967.

What evidence is required?

To prove your correct name and facilitate the correction, you must provide valid, non-laminated original documents. The most commonly accepted documents include:

• Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificates.
• Aadhaar Card or E-Aadhaar.
• Educational certificates, particularly your Class 10 Marksheet/Certificate, which is often used as a standard proof of date of birth and name.
• PAN Card.
• Voter ID Card (Election Commission Photo ID Card).

How long will the investigation take?

This is not a criminal investigation but an administrative verification process. The timeline can vary:

• Standard Police Verification: This usually takes between 1 to 3 weeks, depending on the state and city.
• Delay due to Discrepancy: If the police submit an adverse report due to the name mismatch, your application will be delayed. The RPO will then contact you. The total time taken will depend on how quickly you respond and visit the RPO to resolve the issue.
• Correction at PSK: If you manage to correct the error during your PSK visit, it may not cause any significant delay to the overall timeline.

Advocate Sudhir Rao, Supreme Court of India