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

Mrs. Priya and her husband, Mr. Rohan, recently found themselves in a difficult situation regarding her passport application. After their marriage a few months ago, Priya moved to their new home in the city of Jayanagar. She applied for a fresh passport, providing her current marital address as proof. Her application was supported by her updated Aadhaar card and a newly issued Voter ID card, both reflecting the new address.

The process seemed smooth until the police verification stage. The verification officer enquired about her address before marriage, which was in a different locality. Priya did not have any specific documentary proof for that particular address, as her old Aadhaar card mentioned an even older address where her family had not resided for many years. Consequently, the Regional Passport Office (RPO) in Jayanagar issued a notice, asking her to visit the office and provide clarification regarding her previous addresses.

To complicate matters, Priya recalled that during her appointment at the Passport Seva Kendra (PSK), the official handling her application had refused to accept their marriage certificate, stating it was not necessary. This procedural lapse likely contributed to the current issue, as the certificate would have formally explained the reason for her change of address. Now, Priya and Rohan are concerned that her passport application might be rejected and are seeking a way to resolve the matter.

Advice in such cases

Receiving a notice from the RPO can be stressful, but it is a procedural step that can be addressed with the right approach. Here is what you should do:

• Gather All Documents: Collect every possible document you have, including your current address proofs (Aadhaar, Voter ID, bank statements), marriage certificate, and any old documents that might indicate your previous residence, even indirectly.
• Prepare an Affidavit: The most critical step is to draft a detailed affidavit. This legal document, sworn before a Notary Public, should clearly state your residential history, the date of your marriage, the subsequent change of address, and explicitly mention the unavailability of specific documentary proof for the previous address.
• Write a Representation Letter: Draft a formal letter addressed to the Regional Passport Officer. In this letter, explain the entire situation chronologically, attach a copy of the notice you received, the sworn affidavit, your marriage certificate, and all other supporting documents.
• 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.
• Visit the RPO: Personally visit the RPO on the appointed date with all original documents and copies, along with the representation letter and affidavit. Calmly explain the facts to the concerned officer.

Applicable Sections of Law

The entire process of passport issuance in India is governed by the Passports Act, 1967, and the Passport Rules, 1980.

• The Passports Act, 1967: Section 6(2) of the Act outlines the grounds on which a passport application can be refused. This includes suppressing material information or furnishing false information. Your goal is to demonstrate that there was no intention to mislead the authorities, but rather a genuine lack of specific documentation for a past residence.
• The Bharatiya Nyaya Sanhita (BNS), 2023: While the passport issue is a civil matter, providing intentionally false information to a public servant can have legal consequences. Section 209 of the BNS penalizes furnishing false information. Therefore, the affidavit you submit must be truthful and accurate to the best of your knowledge.

If you are the complainant

In this scenario, you are not a complainant but an applicant responding to a query from a government authority. Here’s how to proceed:

• Act Promptly: Do not ignore the notice from the RPO. Address it within the timeline mentioned.
• Organize Your File: Systematically arrange all your documents: the notice, your written explanation (representation), the affidavit, marriage certificate, and all address proofs (old and new).
• Focus on the Affidavit: Your sworn affidavit is your primary tool to bridge the documentary gap. It is a formal declaration of facts that carries legal weight.
• 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.
• Maintain Records: Keep a copy of the entire set of documents submitted to the RPO, and if possible, get an acknowledgement of receipt.

If you are the victim

If you feel victimized by bureaucratic hurdles and your application is at risk of rejection, taking a structured and legal approach is essential.

• Understand the Problem: The RPO is not accusing you of a crime; it is merely seeking clarification to complete its due diligence. Your task is to provide a clear and credible explanation.
• Use the Law to Your Advantage: An affidavit is a recognized legal instrument. By providing a sworn statement, you are formally attesting to the facts, which helps the authorities make an informed decision.
• Present Your Case Clearly: The refusal of the PSK official to accept the marriage certificate is a relevant point to mention in your representation letter, as it explains why the discrepancy arose in the first place.
• 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 role of the police in passport verification is specific and limited. They are tasked with verifying the applicant’s current address and checking for any criminal history. If they are unable to verify a piece of information, such as a previous address, they will mention it in their report to the RPO. This often results in an “adverse” or “incomplete” verification report. This report is not a final rejection. It is a flag that prompts the RPO to seek more information directly from the applicant. The final decision-making authority rests with the RPO, not the police.

FAQs people normally have

What evidence is required?

When direct proof for a previous address is unavailable, you must rely on secondary or circumstantial evidence. The most important pieces of evidence in such a case would be:

• A sworn affidavit detailing your residential history.
• Your marriage certificate, which officially documents the event that led to your change of address.
• A cover letter or representation clearly explaining the situation.
• Any indirect proofs like old bank statements, educational certificates, or employment letters that may have the old address.
• Your spouse’s documents can also be used as supporting proof for the marital relationship and subsequent change of address.

How long will the investigation take?

After you submit your clarification and documents to the RPO, the officer will review your file. The time taken can vary. In straightforward cases, the issue might be resolved within one to two weeks. However, depending on the RPO’s workload and the specifics of your case, it could take longer. You can monitor the status of your application on the official Passport India website. If you see no update for an extended period after submitting your clarification, a follow-up visit to the RPO may be warranted.

Advocate Sudhir Rao, Supreme Court of India