What to Do If Your Old Passport Isn’t Cancelled During Renewal?

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Advocate Rohit
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What to Do If Your Old Passport Isn't Cancelled During Renewal?

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

Ms. Anjali Verma, a resident of the city of Navnagar, applied for a passport renewal following her marriage. The purpose was to update her surname and residential address. She visited the Passport Seva Kendra (PSK) on her scheduled appointment date. After completing the biometric and document verification stages, she was waiting in the final processing area. A security guard announced that applicants who receive a ‘GRANTED’ SMS on their phones could leave.

Upon receiving the confirmation message, Ms. Verma asked a nearby guard if her process was complete, and he confirmed it was. Trusting the advice, she left the PSK. However, she later realised that the officials had not taken her old passport for cancellation, nor had they stamped it as ‘Cancelled’ or punched it, which is the standard procedure. This left her in a state of confusion and concern, as holding two valid passports is illegal in India, even if one is an older version of the other.

Advice in such cases

If you find yourself in a similar administrative oversight, it is crucial to act promptly to avoid potential legal complications. Here are the steps you should take:

  • Do not immediately leave the Passport Seva Kendra (PSK) based solely on an SMS or verbal advice from non-official staff. Always proceed to the Exit Counter to ensure all formalities, including the cancellation of the old passport, are completed.
  • If you have already left the PSK, you must immediately contact the Regional Passport Office (RPO) under whose jurisdiction your application falls.
  • Visit the RPO in person with your old passport, the application acknowledgement receipt, and the ‘GRANTED’ SMS. Explain the situation to the concerned officer, usually the Assistant Passport Officer (APO).
  • You can also raise a grievance or query through the official passport India portal, providing your Application Reference Number (ARN) and detailing the issue.
  • 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

This situation is primarily governed by The Passports Act, 1967. While this is an administrative error by the passport authorities, failure to rectify it can lead to serious consequences for the passport holder.

  • Section 12 of The Passports Act, 1967: This section outlines offences and penalties. Specifically, Section 12(1)(b) makes it an offence if a person “knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document”. While the initial situation is not your fault, continuing to hold the old, un-cancelled passport after receiving a new one and not reporting it could be interpreted as suppression of material information.
  • Section 10(3) of The Passports Act, 1967: This section grants the passport authority the power to impound or cause to be impounded or revoke a passport or travel document under various conditions, including if the holder obtained it by suppression of material information.

If you are the complainant

In this scenario, you are not a complainant against another person but an applicant seeking to rectify an administrative error. Your approach should be proactive and documentary.

  • Document Everything: Keep a record of your PSK visit date, the ARN, the SMS received, and any communication you have with the RPO. If you send an email or file an online grievance, save a copy.
  • Formal Communication: Submit a formal letter to the RPO explaining the oversight. This creates a paper trail proving that you made a diligent effort to comply with the law.
  • Follow Up: Do not assume the issue will be resolved after one communication. Follow up with the RPO until you receive confirmation that your old passport has been officially cancelled in their records and physically stamped.
  • 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
What to Do If Your Old Passport Isn't Cancelled During Renewal?

If you are the victim

As the victim of an administrative lapse, your primary concern is to protect yourself from any adverse legal consequences. The possession of an un-cancelled old passport alongside a new one can create significant problems.

  • Risk of Misuse: An un-cancelled passport, even if expired, can potentially be misused. It is your responsibility to ensure it is officially invalidated.
  • Travel Issues: You may face issues during international travel if immigration authorities discover two seemingly valid passports under your name.
  • Future Applications: This discrepancy can create hurdles in future passport renewals, visa applications, or other official processes that require passport details.
  • 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 police are generally not the first point of contact for such issues. This is a matter to be handled by the passport issuing authority, which is the Ministry of External Affairs, through its RPOs. Police involvement would typically only occur if the RPO suspects fraudulent intent on the part of the applicant and files a formal complaint under Section 12 of The Passports Act, 1967. By proactively reporting the error to the RPO, you demonstrate your lack of fraudulent intent and prevent any escalation to law enforcement agencies.

FAQs people normally have

Here are some common questions that arise in this situation:

  • Can I use my old passport for travel if it has valid visas? No. Once a new passport is issued, the old one is no longer valid for travel, even if it hasn’t been physically cancelled. You must carry both the new passport and the old, cancelled passport to use the valid visas in the old one.
  • Is it my fault that the PSK officer did not cancel the passport? While it is an official’s oversight, the onus is on the applicant to ensure all procedures are complete. The law holds the citizen responsible for not possessing more than one valid passport.
  • What happens if I do nothing and just keep the old passport? You risk being charged under The Passports Act, 1967, which can lead to fines, imprisonment, or both. It will also create significant problems for future international travel and passport services.
What to Do If Your Old Passport Isn't Cancelled During Renewal?

What evidence is required?

When you approach the Regional Passport Office to rectify this issue, you should carry the following documents:

  • Your old passport that needs to be cancelled.
  • The Application Reference Number (ARN) receipt for your new passport application.
  • Proof of the ‘GRANTED’ status (the SMS or a printout of the online status).
  • A government-issued photo ID, such as an Aadhaar Card, for verification.
  • A letter addressed to the Regional Passport Officer clearly explaining the situation.

How long will the investigation take?

This is not a formal investigation but an administrative correction. The process is usually swift once you bring it to the attention of the RPO. In most cases, visiting the RPO and meeting the concerned officer can resolve the issue on the same day. They will take your old passport and cancel it physically. The time taken can vary depending on the workload and specific procedures of that particular RPO, but it is generally resolved within a few working days.

Advocate Sudhir Rao, Supreme Court of India

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