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

Mr. Sameer, a resident of a rented apartment in the city of Janakpuri, recently applied for his passport. During the mandatory police verification process, he faced a significant hurdle. The verification officer requested a recent electricity bill as proof of his current address. The initial bill Mr. Sameer provided was in the name of his landlord’s brother, Mr. Dev, and unfortunately, it listed a completely different property address. Naturally, the police officer rejected this document.

In an attempt to resolve the issue, his landlord, Mr. Rajan, provided another electricity bill. This second bill had the correct building address where Mr. Sameer resides, but it was missing the specific flat number. Furthermore, this bill was also in the name of Mr. Dev, not Mr. Sameer or the landlord, Mr. Rajan. To complicate matters further, the meter number and consumer account (CA) number on this bill were off by a single digit when compared to the actual meter installed for his flat. Despite having an Aadhaar card and a valid rent agreement with his current address, the police officer remained insistent on a valid electricity bill. Mr. Sameer is now in a dilemma, unsure if submitting this slightly inaccurate bill is a viable or legal option to complete his verification.

Advice in such cases

Navigating administrative procedures like passport verification can be challenging when documentation isn’t perfect. Here is some practical advice:

• Do not submit any document you know to be inaccurate or misleading. Submitting a bill with an incorrect meter number, even if the address is mostly correct, can be construed as an attempt to furnish false information, which carries legal consequences.
• The best course of action is to be transparent. Explain the situation to the verification officer calmly. Show them the rent agreement and the landlord’s ID proof to establish the connection.
• Request your landlord, Mr. Rajan, to provide a No Objection Certificate (NOC) on a plain paper or stamp paper. This NOC should state that you are his tenant at the given address and that he has no objection to you using the address for your passport application. He should also clarify the situation regarding the electricity bill being in his brother’s name.
• Explore alternative address proofs that are accepted for passport applications. This can include a recent bank statement (from a public sector or scheduled private sector bank) with your photo and address, a landline or postpaid mobile bill, or a water bill.
• 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 process is The Passports Act, 1967. Section 6(2)(c) of the Act allows the passport authority to refuse a passport if they believe the applicant is likely to engage in activities prejudicial to the sovereignty and integrity of India. While this is an extreme case, providing accurate information is fundamental to the process. Furnishing false information can lead to the refusal of a passport under this Act.

Additionally, providing information that is known to be false to a public servant can attract penalties under the Bharatiya Nyaya Sanhita, 2023 (BNS). Specifically, Section 241 of the BNS deals with furnishing false information and could be invoked if an applicant knowingly submits incorrect documents.

If you are the complainant

In this scenario, you are the applicant, not a complainant in a criminal case. However, if you feel the police officer is being unreasonable or demanding something beyond the legal requirements, you can take the following steps:

• Document everything. Keep a record of your conversations, the documents you have submitted, and the reasons for rejection.
• Escalate the matter. You can write a formal letter or email to a senior police official, such as the Deputy Commissioner of Police (DCP) of the Special Branch or the head of the district police, explaining your situation.
• Contact the Regional Passport Office (RPO). The RPO is the ultimate authority for issuing passports. You can seek an appointment to meet an officer and explain your documentation issue. They can provide guidance or instruct the police verification unit accordingly.
• 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 an applicant stuck in this situation, you are a victim of circumstance. Here is how to protect your interests:

• Gather supporting evidence. The most crucial document is a properly executed and, if possible, registered rent agreement. A registered agreement holds significant legal weight.
• Obtain an affidavit from your landlord. Mr. Rajan can swear an affidavit before a Notary Public or an Oath Commissioner, confirming your tenancy, the address details, and explaining why the electricity bill is not in his or your name. This adds legal validity to his statement.
• Present a comprehensive file. Instead of just one document, present a file containing your Aadhaar card, the rent agreement, the landlord’s NOC/affidavit, the landlord’s proof of ownership of the property, and any other valid address proof you may have (like a bank statement).
• 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

Police officers conducting passport verification are tasked with a crucial security function. They follow a standard operating procedure (SOP) provided by the passport authorities.

• They are generally strict about documentation because their report determines whether a passport is issued. Any lapse on their part can have serious consequences.
• Discrepancies in names, addresses, or even minor details like a meter number raise red flags for them, as it could indicate an attempt at fraud or obtaining a passport on a fraudulent address.
• They may not be experts in property law or rental arrangements and prefer straightforward, unambiguous documents. An electricity bill in the applicant’s name is considered a strong, direct proof of residence.
• While some officers may be understanding and accept a combination of documents (like a rent agreement plus a landlord’s NOC), others may rigidly stick to the primary list of proofs, leading to rejection.

FAQs people normally have

Why is a rent agreement not sufficient on its own?
While a rent agreement is a valid proof of address, police often ask for a corroborating utility bill. This is because, in the past, notarized rent agreements have been misused. A registered rent agreement carries much more weight. A utility bill serves as secondary proof that you are indeed residing at the location.

What if the landlord refuses to provide an NOC or affidavit?
This complicates the situation. In such a case, your best bet is to rely on other documents in your name for that address, such as a bank account passbook with your photograph that has been actively used, or a postpaid mobile bill for the last few months.

Can I use my parents’ address for the passport?
Yes, you can use your permanent address (such as your parents’ home) for your passport application, even if you are temporarily living elsewhere for work or study. The police verification will then be conducted at that permanent address.

What evidence is required?

For a smooth police verification, the primary evidence required is a valid proof of current address. The official list of acceptable documents includes (any one of the following):

• Aadhaar Card
• Water Bill
• Telephone (landline or postpaid mobile) bill
• Electricity bill
• Proof of Gas Connection
• Voter ID Card issued by the Election Commission of India
• Bank account passbook (from a public sector, private sector, or rural regional bank)
• Registered Rent Agreement (for a period of more than one year)

If you are providing a utility bill in a landlord’s or family member’s name, it must be supplemented with a strong rent agreement and preferably an NOC from the owner.

How long will the investigation take?

Typically, police verification is completed within 21 days. However, if the police submit an “adverse” or “incomplete” report due to documentation issues, the process comes to a halt. The applicant will then receive a notification from the RPO to visit in person and provide the necessary clarification or documents. This can delay the issuance of the passport by several weeks or even months. Resolving the issue promptly by providing clear, alternative, and authentic documents is key to avoiding such delays.

Advocate Sudhir Rao, Supreme Court of India