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

Mr. Alok Sharma, a 25-year-old resident of the city of Aryavarta, recently applied for his first passport. The initial stages at the Passport Seva Kendra (PSK) went by without any issues. However, the situation took a turn during the mandatory police verification step. An officer from the local police station visited Mr. Sharma’s residence for the verification process. Mr. Sharma was well-prepared with all the necessary documents, including his Class 10th Marksheet, Aadhaar Card, Voter ID Card, PAN Card, a recent electricity bill for address proof, and even copies of the Voter ID cards of two neighbours who were present as witnesses.

After inspecting the documents, the verification officer raised an issue. He insisted that since Mr. Sharma was born in Aryavarta, he must produce a birth certificate. Mr. Sharma explained that he had already submitted his 10th Marksheet at the PSK, which is a government-accepted document for proof of date of birth. The officer then shifted his line of questioning, demanding “family lineage proof” from the state of Magadhpur, as Mr. Sharma’s parents had lived and studied there before relocating to Aryavarta. Mr. Sharma did not possess any such document.

The officer then began creating a fuss, stating that such stringent checks were necessary due to concerns about illegal immigrants who often manage to procure other documents. He threatened Mr. Sharma, saying that without these additional proofs, his nationality would be questioned, his passport application would be rejected, and he would have to travel to his ancestral village to gather more parental documents to prove his Indian citizenship. This left Mr. Sharma distressed, wondering whether the officer’s demands were legitimate or merely a tactic to solicit a bribe.

Advice in such cases

Facing such a situation can be intimidating. Here is a step-by-step guide on how to handle it:

• Stay Calm and Polite: Do not get into a heated argument with the officer. Maintain a calm and respectful demeanor while firmly stating your position.
• Know the Official Rules: The Passport India website clearly lists the acceptable documents. The Class 10th marksheet is a valid proof of date of birth. Demands for “family lineage proof” are not part of the standard verification procedure.
• Do Not Offer a Bribe: Giving a bribe is a serious criminal offense, just as demanding one is. Succumbing to such pressure only encourages corruption and can land you in legal trouble.
• Document the Interaction: Make a note of the officer’s name, belt number (if visible), the date and time of the visit, and the specific, unreasonable demands made.
• Escalate the Matter: If the officer remains adamant, you have the right to escalate the issue. You can contact the senior police officials in your district, such as the Superintendent of Police (SP), or directly approach the Regional Passport Office (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.

Applicable Sections of Law

Understanding the legal framework is crucial in these scenarios:

• The Passports Act, 1967: This is the primary law governing passport issuance in India. Section 6 of the Act lays down the specific grounds on which a passport can be denied. An officer’s arbitrary demand for documents not mandated by the rules is not a valid ground for refusal.
• The Citizenship Act, 1955: This Act defines who is an Indian citizen. For a person born in India to Indian parents and possessing all standard government-issued documents, a field-level police verification officer cannot unilaterally question their citizenship without substantial cause. Their role is to verify identity, address, and criminal antecedents.
• The Prevention of Corruption Act, 1988: If the officer’s actions are perceived as a demand for a bribe (either directly or indirectly), it is a criminal offense under this Act. Public servants misusing their official position for personal gain face severe penalties.

If you are the complainant

If you find yourself in Mr. Sharma’s position, you are the complainant. Here’s how to proceed:

• Organize Your Documents: Keep a file with copies of your passport application and all the documents you have submitted and possess.
• File a Written Complaint: Draft a formal complaint detailing the entire incident, including the officer’s name and the unreasonable demands. Submit this to the office of the District Superintendent of Police (SP) or the Police Commissioner.
• Inform the Regional Passport Office (RPO): Simultaneously, file a grievance or complaint with your RPO. You can often do this online through the passport portal. Explain how the verification is being stalled due to demands for non-mandatory documents.
• Approach Anti-Corruption Agencies: If you have reason to believe the officer was demanding a bribe, you can file a complaint with the state’s Anti-Corruption Bureau (ACB) or Vigilance Department.
• 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 applicant, you are the victim of harassment and a potential attempt at extortion. It is important to assert your rights.

• Recognize the Misconduct: Understand that you are not at fault. The demand for extra-legal documents is a misuse of authority.
• Document Everything: Keep a detailed log of all interactions. Note down dates, times, names, and the exact words used. This record is crucial for any formal complaint.
• Do Not Be Intimidated: Do not feel pressured to undertake difficult tasks like traveling to your ancestral village for documents that are not officially required.
• Use Official Channels: The system has checks and balances. The RPO and senior police leadership are the correct channels to address such grievances and get your application back on track.
• 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

While the majority of police officers conduct verifications professionally, some may overstep their bounds. This behavior can stem from a lack of clarity on the rules, excessive zeal, or, unfortunately, corrupt motives. They might use intimidating language, invoke national security, or create a false sense of urgency to pressure the applicant. The primary mandate of police in passport verification is to confirm the applicant’s address for the preceding year, their identity, and to check for any criminal record. It is not to conduct an impromptu citizenship trial at the applicant’s doorstep.

FAQs people normally have

• Can a police officer reject my verification for not having a birth certificate if I provided my 10th marksheet?
  No. The rules issued by the Ministry of External Affairs clearly state that a school leaving certificate or marksheet with the date of birth is an acceptable proof of birth.
• Is “family lineage proof” a real requirement for a passport?
  No. For a standard passport application for an Indian citizen born in India, there is no requirement to provide a “family lineage proof.”
• What should I do if the police submit an “adverse” or “not recommended” report?
  If an adverse report is filed, the RPO will notify you and provide a reason. You will be given an opportunity to present your case, submit the required documents, or clarify the situation before a final decision is made on your application.
• Isn’t it easier to just pay a small bribe and get it over with?
  Absolutely not. Paying a bribe is illegal and makes you a party to the crime. It fuels a corrupt system and offers no guarantee of a positive outcome. Pursuing the correct legal and administrative channels is the right way forward.

What evidence is required?

To support your case, you should have your passport application file, which includes copies of all the documents you have officially submitted. For a complaint against the officer, a written, chronological account of the incident is the primary piece of evidence. Include the officer’s details, the unlawful demands, and details of any witnesses who were present during the interaction.

How long will the investigation take?

As per government guidelines, police verification for passports is expected to be completed within 21 days. If you file a complaint with the RPO about a delay or improper conduct, they usually act swiftly to resolve the matter to clear their pending applications. An internal inquiry into the officer’s conduct by the police department may take longer, but it often runs parallel to your passport process being cleared by the intervention of senior officers.

Advocate Sudhir Rao, Supreme Court of India