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

Ms. Anika Sharma, residing in the bustling city of Vardhanpur, recently found herself in a common predicament faced by many eager travelers. With an upcoming trip to the enchanting region of Aethelgard and a crucial visa appointment looming, she had successfully obtained her passport through the Tatkaal scheme. However, a nagging worry persisted: the police verification process had not yet been completed. She wondered if this pending verification would pose an issue during her visa interview or if it would hinder her ability to travel internationally.

Advice in such cases ⚖️

It is crucial to understand the mechanism of Tatkaal passport issuance. Under this scheme, passports are typically issued on an expedited basis *before* the police verification process is completed. The verification is a post-issuance formality. Therefore, in most cases, having a pending police verification for a Tatkaal passport will generally not impede your visa application process or your ability to travel. Visa authorities are usually aware of this procedure in India.

However, it is imperative to ensure that you are available and cooperative when the police officials arrive for verification. Keep all necessary documents (proof of address, identity, date of birth, etc.) readily accessible to facilitate a smooth verification process. Any adverse report resulting from the verification could potentially lead to complications later, but the mere pendency of verification at the time of visa application or travel is usually not a barrier.

Applicable Sections of Law 📜

The primary legislation governing passport issuance and related procedures in India is the Passport Act, 1967, along with the Passport Rules, 1980. These laws outline the requirements for obtaining a passport, including the necessity of police verification for background checks.

While the immediate concern is an administrative one under the Passport Act, it is important to note that if the police verification process uncovers any adverse information related to criminal antecedents, then provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) would become relevant. For instance, if the verification reveals a pending First Information Report (FIR) or a conviction under the BNS, the police may file an adverse report, which could impact the passport holder’s status. The BNSS would then govern the procedural aspects of any investigation or legal action initiated based on such findings.

If you are the complainant 🗣️

In this scenario, Ms. Anika Sharma is the “complainant” in the sense that she is raising a query and seeking clarification. If you find yourself in a similar situation and encounter issues due to pending verification (which is rare but possible if a specific embassy has unique requirements, or if the police report is unexpectedly adverse), here’s what you can do:

• Monitor Status: Regularly check the status of your police verification on the Passport Seva Kendra (PSK) website.
• Respond Promptly: Be available and cooperative when police visit for verification.
• Seek Clarification: If a visa officer raises a concern, politely explain the Tatkaal procedure and offer to provide any requested documentation.
• Legal Consultation: If an adverse report is filed due to a misunderstanding or error, immediately consult a legal expert to understand your options for rectification or challenging the report.

If you are the victim 🛡️

While the current situation isn’t about being a victim of a crime, you could potentially become a “victim” of an erroneous or adverse police verification report that wrongly implicates you. If the police verification process results in an adverse report due to mistaken identity, an old, minor, or resolved issue, or any other error, it could lead to the impounding or revocation of your passport under the Passport Act, 1967. In such a scenario, you would be the “victim” of an administrative hurdle. Here’s how to proceed:

• Obtain Report Details: Request a copy or detailed information about the adverse report from the Passport Office or the police station.
• Gather Evidence: Collect all documents and proofs that can refute the adverse findings (e.g., court orders for acquittal/discharge, identity proofs if it’s a case of mistaken identity).
• Legal Recourse: Immediately seek legal counsel. An advocate can help you challenge the adverse report through appropriate channels, which may include filing a representation with the Passport Office, approaching higher police authorities, or even filing a writ petition in the High Court if necessary.
• Clarify with Authorities: Be prepared to explain your situation clearly to both passport authorities and police officials.

How the police behave in such cases 👮

During police verification for passports, local police typically conduct a background check to confirm the applicant’s address and verify their antecedents. They may visit your given address, speak to neighbors, and verify documents provided. Generally, police officials are professional and follow established protocols. Their primary role is to submit a report to the Passport Office based on their findings. Delays can sometimes occur due to workload or administrative reasons, but a negative or adverse report is usually only filed if significant discrepancies or criminal records are uncovered. It is advisable to cooperate fully and provide accurate information to ensure a smooth process.

FAQs people normally have ❓

• Is police verification mandatory for Tatkaal passports? Yes, police verification is mandatory for all passports, including Tatkaal, but for Tatkaal, it occurs *after* the passport is issued.
• Can I travel internationally if my police verification is pending? Generally, yes. The Tatkaal passport is a valid travel document, and pending verification usually does not affect travel or visa applications unless an adverse report is subsequently generated.
• How long does police verification take? It typically takes a few weeks after passport dispatch for the police to complete their verification and submit the report.
• What if an adverse report is filed? If an adverse report is filed, your passport may be impounded or revoked. You should immediately contact the Passport Office for clarification and seek legal advice to challenge the report.
• How can I check the status of my police verification? You can track the status on the Passport Seva Kendra website using your file number.

What evidence is required? 📝

For the police verification process, you will typically need to provide:

• Proof of Present Address: Such as Aadhaar card, utility bills (electricity, water, gas), rent agreement, bank passbook, or voter ID.
• Proof of Date of Birth: Such as birth certificate, Aadhaar card, PAN card, or school leaving certificate.
• Proof of Identity: Such as Aadhaar card, PAN card, voter ID, or driving license.
• Any other documents requested by the verifying officer to confirm your identity and address.

Ensure all documents are original and you have photocopies ready.

How long will the investigation take? ⏳

Regarding police verification for a passport, it’s typically an administrative process rather than a criminal investigation in the initial stage. The police are usually required to complete their verification and submit the report to the Passport Office within a few weeks (often 21 days is the stipulated time for verification after receiving the request from the Passport Office). However, actual timelines can vary depending on the local police station’s workload and efficiency.

If, during the verification, a criminal antecedent is discovered that leads to the filing of a new First Information Report (FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and an investigation under the Bharatiya Nyaya Sanhita (BNS), then the “investigation” timeline would be significantly longer and subject to the complexities of the criminal justice system.

Advocate Sudhir Rao, Supreme Court of India