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

Mr. Rohan Mehra, an architect based in the city of Chandrapur, was excited about his upcoming international project. He applied for a new passport, and everything seemed to be proceeding smoothly until he received a call from his local police station for the mandatory verification. The officer informed him that his application was flagged due to a pending criminal case registered against a person with his name and father’s name over a decade ago in a small town named Sonepur, a place Mr. Mehra was certain he had never even passed through. The case was minor, related to an alleged public nuisance, but its existence was now a major roadblock. Mr. Mehra, who had a spotless record, was baffled and suspected a case of mistaken identity or outright fraud. This situation, while alarming, is not uncommon and can be resolved with a systematic legal approach.

Advice in such cases

Facing such a notice can be stressful. It is crucial to act promptly and methodically to clear your name and resume your passport application process. Here are the immediate steps you should consider:

• Stay Calm and Do Not Panic: Your immediate reaction might be fear or anger, but it’s important to remain composed to think clearly.
• Do Not Ignore the Communication: Do not treat the police call or notice as a mistake that will resolve itself. Official records, once created, need to be officially rectified.
• Gather Your Documents: Collect all your identity documents, such as your Aadhar card, old passports (if any), birth certificate, and educational certificates. These will be crucial to prove your identity.
• File an RTI: You can file a Right to Information (RTI) application with the police department of the city where the case is registered to get a copy of the First Information Report (FIR) and other case details.
• 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

Understanding the legal framework is essential. The key statutes involved in such a scenario include:

• The Passports Act, 1967: Specifically, Section 6(2)(f) empowers the passport authority to refuse a passport if criminal proceedings are pending against the applicant in any court in India. This is the primary reason for the hold on your application.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: If the case needs to be legally closed, provisions of the BNSS will apply. For instance, you might need to file an application for discharge under Section 258 if charges have been framed, or approach the High Court under Section 534 (which preserves the inherent powers of the High Court) to quash the FIR if it is evidently a case of mistaken identity.
• Bharatiya Nyaya Sanhita (BNS), 2023: If you suspect your identity was stolen and used to commit the crime, sections related to impersonation, such as Section 200 (Cheating by personation) of the BNS, may become relevant for filing a counter-complaint.

If you are the complainant

In this context, the “complainant” is the passport applicant who is now complaining about the erroneous record. If you are in this position, your goal is to prove to the authorities that you are not the person named in the old criminal case. Here is your course of action:

• Obtain Case Records: The first step is to get a certified copy of the entire case file, including the FIR and chargesheet, from the court in the city where the case is registered. This will give you details of the accused, such as address and other identifiers mentioned at the time.
• File a Detailed Affidavit: You will need to submit a sworn affidavit to the police and the passport office, clearly stating that you are not the individual mentioned in the FIR. Attach copies of your identity and residence proofs to support your claim.
• Seek Legal Recourse: If the authorities do not act on your affidavit, you must take a more definitive legal step.
• 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. He can guide you on whether to file a petition in the High Court to quash the FIR against you based on mistaken identity or to seek a declaratory order from a civil court.

If you are the victim

This situation also raises the possibility that you are a victim of identity theft, where another individual used your name and details to mislead the police years ago. If this is the case, you are a victim of a separate crime.

• Establish a Timeline: Provide evidence of your whereabouts at the time the original offence was committed. This could include employment records, educational certificates, travel documents, or affidavits from people who can vouch for your presence elsewhere.
• File a Complaint: You should consider filing a fresh police complaint for identity theft and impersonation against an unknown person. This strengthens your claim that you were not involved in the original case.
• 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. An advocate can help you navigate the process of filing this new complaint and use it as evidence to clear your name in the passport verification process.

How the police behave in such cases

The police are typically bound by the official records available to them. The verification officer’s job is to check national databases like the Crime and Criminal Tracking Network & Systems (CCTNS). If your name appears in this system, they are obligated to flag it. They cannot clear your name based on a verbal clarification alone. They will require a formal court order or a clearance report from the police station where the case is registered. While some officers may be empathetic, you will need to provide them with legally valid documents to update their records.

FAQs people normally have

What evidence is required?

To prove your case, you will need a comprehensive set of documents. The more evidence you have, the stronger your claim will be. Essential evidence includes:

• Identity Proofs: Aadhar Card, PAN Card, Voter ID, Driving License.
• Address Proofs: Utility bills, rent agreements, or property documents that establish your residence history, especially for the period when the crime was committed.
• Educational and Employment Records: Certificates, degrees, and letters from employers can serve as an alibi, proving you were in a different city or state.
• Affidavits: Sworn statements from credible individuals like employers, college principals, or respected community members who can attest to your character and whereabouts.
• Court and Police Documents: A certified copy of the FIR and a non-involvement certificate from the concerned police station, if they agree to issue one after a preliminary inquiry.

How long will the investigation take?

The timeline for resolving such a matter can vary significantly. If it’s a simple case of a common name and can be resolved with an affidavit and local police inquiry, it might take a few weeks. However, if the police in the other city are uncooperative, or if the only solution is to approach the High Court to quash the FIR, the process can take several months to over a year. The time taken depends heavily on the cooperation of the police and the backlog in the judicial system.

Advocate Sudhir Rao, Supreme Court of India