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

Mr. Alok Verma, a young resident of the city of Chandpur, recently applied for a fresh Indian passport. The online application and appointment at the Passport Seva Kendra went smoothly. However, he encountered a significant roadblock during the mandatory police verification process. The police officer who visited his residence for verification demanded a document that Mr. Verma could not produce: his father’s birth certificate.

Mr. Verma explained that his father was born at home in a small village in the state of Suryanagar several decades ago, a time when the registration of births was not a common or strictly enforced practice. Consequently, no such certificate was ever made. To support his application and establish his father’s identity and his relationship with him, Mr. Verma provided a host of other official documents. These included his father’s Aadhaar card, PAN card, driving license, voter ID card, and even a 9th-grade transfer certificate that clearly mentioned his father’s place of birth.

Despite this comprehensive documentation, the officer remained adamant and refused to proceed without the birth certificate. Frustrated and seeing no other way, Mr. Verma even discreetly attempted to offer a bribe, which the officer surprisingly refused. Now, Mr. Verma is left in a state of uncertainty, wondering how to resolve this arbitrary demand and whether he should wait before approaching the Regional Passport Officer (RPO) to present his case.

Advice in such cases

Facing such a situation can be stressful, but it’s important to act calmly and strategically. Here are some steps to follow:

• Do Not Resort to Bribery: Attempting to bribe a public servant is a serious offence under the Prevention of Corruption Act, 1988. Even if the officer had accepted it, it would have made you complicit in a crime. The officer’s refusal was fortunate, as it saved you from potential legal trouble.
• Document Everything: Make a note of the verification officer’s name, belt number (if visible), the date and time of the visit, and the specific, unreasonable demand made. This information will be crucial for any formal complaint.
• Escalate Through Proper Channels: The police verification process is an administrative procedure. If an officer makes an illegal or unreasonable demand, the correct course of action is to escalate the matter to their superiors and the passport-issuing authority.
• Consult with Lawyer: 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, and the Passport Rules, 1980. These rules specify the documents required for a passport application. For an adult applicant, their own proof of birth (like a birth certificate, school leaving certificate, etc.) is mandatory. However, demanding a parent’s birth certificate, especially when the parent was born before birth registrations became common, is generally not a standard requirement. The documents Mr. Verma already possesses for his father (Aadhaar, PAN, etc.) are more than sufficient to establish identity and linkage as per standard procedures. The officer’s demand is arbitrary and goes beyond the scope of the law.

If you are the complainant

As the applicant facing this issue, you are the complainant. Here is how you should proceed:

• Organize Your Documents: Keep a complete file of your passport application, the receipt, and copies of all the documents you submitted for yourself and your father.
• Lodge a Grievance with the RPO: Do not wait indefinitely. You can immediately file a formal grievance through the official Passport Seva portal. Clearly state the facts of your case, the officer’s unreasonable demand, and the list of documents you have already provided. You can also send a written letter via registered post to the Regional Passport Officer (RPO) of your region.
• Inform Senior Police Officials: Write a formal complaint letter addressed to the Superintendent of Police (SP) of your district, with a copy to the Deputy Superintendent of Police (DSP) who oversees the passport verification cell. Detail the incident and request their intervention for a fair and lawful verification.
• Consult with Lawyer: 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

When you are the victim of such arbitrary administrative behaviour, your response matters.

• Stay Calm and Polite: Do not get into a heated argument with the verification officer. Maintain a respectful but firm tone.
• Request Legal Basis: Politely ask the officer to state the specific rule or circular under the Passports Act that mandates the submission of a parent’s birth certificate in your case. They will likely be unable to provide one.
• Do Not Volunteer Illegal Solutions: Never offer a bribe or suggest any other illegal shortcut. This can put you in a legally precarious position.
• Consult with Lawyer: 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 behaviour of police during verification can vary. Some officers may be unaware of the exact rules and act out of an abundance of caution. Others might intentionally create hurdles to harass applicants or solicit bribes. In many cases, the officer at the ground level may simply be following misinformed instructions from their superiors. However, when the matter is escalated to senior officers like the SP or the RPO, they are generally more aware of the correct procedures and are likely to intervene and rectify the situation, as their primary goal is to ensure the verification is completed as per the law.

FAQs people normally have

What evidence is required?

To challenge the officer’s demand, you need to have your own paperwork in order. The key evidence includes:

• A copy of your completed passport application form (ARN receipt).
• Copies of all the documents you submitted as proof of your identity, address, and date of birth.
• Copies of the documents you provided for your father’s identity (Aadhaar, PAN, etc.).
• A written record of your interaction with the police officer (date, time, name, demand made).
• Copies of your formal complaints/grievances filed with the RPO and senior police officials.

How long will the investigation take?

This is not a criminal investigation but a procedural delay. The timeline for resolution can vary. Police verification is officially expected to be completed within 21 days. If you file a grievance with the RPO, they typically respond or take action within a few weeks. The RPO has the authority to review the police verification report. If they find the police objection to be baseless (as it is in this case), they can overrule it and proceed with granting the passport. Approaching the RPO is often the fastest way to resolve such deadlocks.

Advocate Sudhir Rao, Supreme Court of India