Police Demanding Unnecessary Documents for Passport Verification: Know Your Rights

Police Demanding Unnecessary Documents for Passport Verification: Know Your Rights

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

Mr. Sameer, a resident of Janakpuri, recently shared his experience after applying for a passport. The process at the Passport Seva Kendra went smoothly, where he provided his Aadhaar card, PAN card, and 10th-grade mark sheet. He was informed that a police verification would follow.

A few days later, a police officer from the local station contacted him and asked him to prepare an extensive list of documents. This included not only his own identity and birth proofs but also his parents’ Aadhaar and voter IDs, his father’s old expired passport, the electricity bill which was in his grandmother’s name, and even self-attested Aadhaar photocopies from two neighbours with their contact information.

When the officer visited Mr. Sameer’s home, he inspected all the prepared documents and then asked to see the originals. After verifying everything, as they were at the door, the officer made an additional demand: Mr. Sameer must provide his father’s high-school certificate. The officer threatened that failure to produce this document would result in a negative verification report, effectively rejecting his passport application.

Mr. Sameer was left confused. He had believed that police verification was primarily to confirm his identity and that he resided at the address mentioned in the application. The officer’s escalating demands and the final threat seemed unusual and pointed towards an attempt to solicit a bribe, commonly referred to as “chai-paani.” This situation raises important questions about the scope of police authority during passport verification and the rights of an applicant.

Advice in such cases

If you find yourself in a similar situation, it is crucial to handle it with care and knowledge.

  • Stay Calm and Polite: Do not get into an argument with the officer. Maintain a respectful tone throughout the interaction.
  • Know the Official Requirements: Visit the official Passport India website (passportindia.gov.in) and familiarise yourself with the exact list of documents required for police verification. Typically, it is limited to proof of identity and proof of address.
  • Do Not Offer a Bribe: Giving in to illegal demands encourages corruption. Politely state that you have provided all the documents as required by the Passport Seva Kendra and the official guidelines.
  • Document Everything: Keep a record of the officer’s name, belt number, the date and time of the visit, and the specific documents they demanded. If they provide a list, keep it as evidence.
  • 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 entire passport issuance process, including police verification, is governed by the Passport Act, 1967. The Act and the rules made thereunder specify the grounds for refusing a passport.

  • The Passport Act, 1967: Section 6 of this Act outlines the grounds on which a passport application can be refused. Not providing a relative’s school certificate is not one of them. The police’s role is to verify the information provided by the applicant, primarily their citizenship, identity, and address, and to check for any criminal antecedents.
  • The Prevention of Corruption Act, 1988: If a public servant, such as a police officer, demands a gratification other than legal remuneration as a motive or reward for doing an official act, it constitutes an offence under this Act. Threatening an adverse report to extort money falls squarely within the ambit of this law.

If you are the complainant

If you believe the officer is acting unlawfully, you can take the following steps:

  • File a Complaint with the RPO: The first step is to lodge a formal complaint with the Regional Passport Officer (RPO) of your region. You can do this online through the passport portal or by visiting the RPO office. Provide all details of the incident.
  • Contact Senior Police Officials: Escalate the matter to the officer’s superiors, such as the District Superintendent of Police (SP) or the Commissioner of Police. A written complaint detailing the harassment and illegal demands should be submitted.
  • Approach Anti-Corruption Agencies: You can file a complaint with the state’s Anti-Corruption Bureau (ACB) or the Vigilance Department. These agencies are empowered to investigate and prosecute corrupt public servants.
  • 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
Police Demanding Unnecessary Documents for Passport Verification: Know Your Rights

If you are the victim

As a victim of such harassment, your actions can make a significant difference.

  • Do Not Give In: Resist the pressure to pay a bribe or provide documents that are not officially required.
  • Assert Your Rights Politely: You can politely inform the officer that you have provided all necessary documents as per the guidelines on the official passport website and that you are willing to cooperate with any legitimate request.
  • Escalate Promptly: Do not wait for the officer to submit an adverse report. Escalate the issue to the RPO and senior police officers as soon as the illegal demand is made.
  • 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

In situations involving potential corruption, police officers may exhibit certain behavioural patterns:

  • Creating Unnecessary Hurdles: They invent procedural requirements or demand irrelevant documents to frustrate the applicant.
  • Using Vague Language: Instead of asking for money directly, they might use indirect terms like “kharcha-paani,” “seva,” or “mithai” to hint at a bribe.
  • Intimidation Tactics: They may threaten to file a negative or “adverse” report, knowing it will delay or deny the passport, thereby creating fear and pressure.
  • Delaying the Process: They might deliberately postpone the verification process to make the applicant desperate.

FAQs people normally have

What documents are actually required for police verification for a passport?
The primary purpose is to verify your address and identity. Generally, your Aadhaar card, Voter ID, electricity bill, rent agreement, or bank passbook are sufficient for proof of address. The documents you submitted at the PSK are usually what the police need to verify.

Can the police reject my passport application for not providing extra documents?
No. The police do not have the authority to “reject” your application. Their role is to submit a verification report to the RPO. This report can be “clear” or “adverse.” An adverse report can only be filed on legitimate grounds, such as the applicant not residing at the given address, having a criminal case pending, or providing false information. Not providing a father’s school certificate is not a valid ground for an adverse report.

What should I do if the officer explicitly asks for a bribe?
If an officer asks for a bribe, you should immediately report it to the Anti-Corruption Bureau (ACB) or the Central Bureau of Investigation (CBI). They can help you set up a trap to catch the officer red-handed. Do not pay the bribe.

Police Demanding Unnecessary Documents for Passport Verification: Know Your Rights

What evidence is required?

To support your complaint against the officer, the following evidence is helpful:

  • A detailed written account of the incident, including dates, times, and the content of conversations.
  • The name and any other identification details of the officer.
  • A copy of the official document list from the passport website to contrast with the officer’s demands.
  • If any neighbours or family members were present, their statements can serve as witness testimony.
  • Any call recordings or messages from the officer, if available and legally permissible to record.

How long will the investigation take?

The police verification for a passport is mandated to be completed within 21 days. If you file a complaint against an officer, the investigation timeline can vary. An internal departmental inquiry might be quicker, while a formal investigation by an anti-corruption agency could take several months, depending on the evidence and complexity of the case. However, complaining to the RPO often resolves the immediate issue of your passport verification quickly.

Advocate Sudhir Rao, Supreme Court of India

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