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

Mr. Ajay Sharma recently moved from his family home to a new apartment in the city of Vikaspuri, where he has been residing for the last five years. He decided it was time to update the address on his passport and followed the standard procedure. He visited the Passport Seva Kendra (PSK), completed all the formalities, and everything seemed to be in order.

Proactively, Mr. Sharma even visited the local police station before receiving any official call for verification. He met the officer in charge of passport processing, who reviewed his documents, confirmed everything was correct, and assured him that his updated passport would be delivered to his home within a few days.

However, to his utter shock, he received an email and a formal notice from the Regional Passport Office (RPO). The notice stated that his application was rejected due to an “Adverse Police Report.” The report falsely claimed that he does not reside at his current address and, even more bizarrely, that he is not a citizen of India.

Mr. Sharma works from home on night shifts, so he is almost always at home during the day. He rarely steps out on weekdays and is certain no one came to his door for verification. He checked his society’s visitor management app, which showed no record of any police visit. He also checked his phone logs and found no missed calls from any unknown but verifiable numbers.

He suspects that perhaps an officer might have visited while he was sleeping soundly in the morning after his shift, or during a brief moment when he had stepped out. Regardless, the report filed was completely baseless. He has now submitted a formal request to the RPO to re-initiate the police verification process, asking them to inform him in advance of their visit.

He is now worried about the next steps. How will he know when the officer will visit? What if he is in the bathroom or has to step out for an urgent errand? Will he have to endure sleepless mornings waiting for the police? He also wonders what recourse he has against the RPO for this patently false report and is adamant about not paying the application fee of INR 2000 again.

Advice in such cases

Receiving an adverse police verification report can be distressing, but it is a situation that can be rectified with a systematic approach.

• Gather all your documents, including proof of residence (like utility bills, rent agreement), identity proof, and the communication from the RPO.
• Visit the concerned police station and speak with the officer who handles passport verifications or the Station House Officer (SHO). Politely explain the situation and present your documents.
• Simultaneously, contact the Regional Passport Office (RPO) and submit a written representation detailing the error and requesting a re-verification at the earliest.
• Keep a detailed record of all your communications, including dates, names of officials you spoke with, and copies of any letters or emails sent.
• 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. Section 6(2) of the Act outlines the grounds on which a passport authority can refuse to issue a passport, which includes situations where the applicant is not a citizen of India or if their presence outside India may be prejudicial to the sovereignty and integrity of India. A false police report can erroneously trigger these grounds.

While the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governs general police procedures, the specific process for passport verification is guided by the guidelines issued by the Ministry of External Affairs and the Passports Act.

If you are the complainant

As the person aggrieved by a false report, you are the complainant in this matter against the administrative lapse.

• File a formal, written complaint with the Grievance Cell of the Regional Passport Office, detailing the facts and attaching evidence of your residence.
• You can also file a complaint with senior police officials, such as the Deputy Commissioner of Police (DCP) of the Special Branch or the Commissioner of Police, about the negligence or misconduct of the verifying officer.
• Utilize online public grievance portals like the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) to register your complaint against both the police department and the RPO.
• 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 a victim of a false report, your primary goal is to correct the record and get your passport processed.

• Immediately challenge the adverse report by submitting a request for re-verification to the RPO. In your application, clearly state the facts and express your availability.
• When you visit the police station, provide the officer with your contact number and request them to call you before their visit. Explain your work schedule to avoid another missed visit.
• If you suspect the report was filed with malicious intent, you may explore legal options for defamation or harassment, although this is a more complex route.
• 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 behavior in passport verification can vary. Often, officers are overburdened with numerous applications, which can lead to cursory or incomplete checks. In some instances, they may conduct a ‘discreet verification’ by asking neighbours, which can be unreliable. It is also a common, albeit unofficial, practice for them to expect the applicant to visit the police station. During a re-verification, the police are generally more cautious. They are supposed to make a genuine attempt to contact the applicant, which includes calling the phone number provided in the application form before visiting.

FAQs people normally have

How will I know if an Officer is going to visit?
The standard procedure requires the police to attempt to contact you. Provide your mobile number clearly in your re-verification request and request a call beforehand when you speak to the officials at the police station.

What if I miss the visit again?
If you have been proactive in communicating with the police station and the RPO, a second missed visit is less likely to result in an immediate adverse report. However, it’s best to stay vigilant and maintain open communication with the local police station.

Can I complain against the false report?
Yes, you have the right to complain to the RPO and senior police officers. A false report is a serious lapse in duty, and authorities are obligated to investigate such complaints.

Do I have to pay the fee again?
If the adverse report was due to a procedural error by the police, you should not have to pay the fee again for a re-verification. You should clearly state this in your representation to the RPO. If they insist, you can file a grievance.

What evidence is required?

To successfully challenge an adverse report, you will need strong evidence of your residence. This includes:

• At least two forms of address proof for the past year, such as a registered rent agreement, recent utility bills (electricity, water, gas), or bank statements.
• Your primary identity documents like your Aadhaar Card and Voter ID card, which mention the correct address.
• A copy of the notice from the RPO regarding the adverse report.
• A copy of your passport application acknowledgement receipt.

How long will the investigation take?

A re-verification process typically takes a few weeks. After you submit your request, the RPO will forward it to the police. The police verification itself may take 1-2 weeks, after which they submit the report back to the RPO. The entire process, from filing the request to getting a clear report, can take anywhere from 3 to 6 weeks, depending on the workload and efficiency of the local police and the RPO.

Advocate Sudhir Rao, Supreme Court of India