Passport act
Vinod
(Querist) 20 August 2011
This query is : Resolved
Dear Sir,
My friend applied for passport & has got the passport.
but the problem now is that the light bill submitted to obtain passport was forged & now the CID has called him and told him to give original light bill of current month & one year back dated.
It is not possible to get the original bill.
1) So what are the legal consequences & penalty/punishments for this offence?
2) What are the procedures to get out of this mess?
3) what will be the legal battle if he has to fight with the authorities?
4) Can he be pardoned if he accepts his offence & surrender the passport?
5) Can he apply for a fresh passport thereafter & will he be able to get it?
R.Ramachandran
(Expert) 20 August 2011
1. According to Sec. 10(3)(b) of the Passport Act1967, the passport which was obtained by furnishing false information may be impounded by the Authority.
2. According to Sec. 12 (1)(b) of the Passport Act, whoever knowingly furnishes false information and obtains a passport shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.
Vinod
(Querist) 20 August 2011
Sir,
Please reply to all the five questions of mine if possible.
Koumarish Bhattacharya
(Expert) 20 August 2011
In such a case, it would be better to plead guilty and make a prayer for being held liable to fine. However, before doing that one should keep in mind about the other penal provision also.
Vinod
(Querist) 20 August 2011
Dear Sir,
Please give advise & answer all the questions.
Koumarish Bhattacharya
(Expert) 20 August 2011
You can not say or guess what it takes to fight a real Legal battle. If one has to make a declaration on oath that he has not been convicted of a criminal offence, your friend can not apply for a fresh passport. Because if your friend pleads guilty, even if he is not taken into imprisonment, he is a convicted offender.
Koumarish Bhattacharya
(Expert) 20 August 2011
Better communicate your regional passport authority and know the process and consequences of compounding of offence.
Vinod
(Querist) 20 August 2011
I came ti know that the passport frogery was done by the agent & he has fled away.
But since my friend has applied so who will be guilty?
My friend or the agent?
I it is blamed on agent then to he cannot get the fresh passport.
Koumarish Bhattacharya
(Expert) 20 August 2011
In such a case lodge a General Diary immediately with the police station within whose jurisdiction the offence was committed by the agent, be it his office or a private place or the passport office itself.
Vinod
(Querist) 20 August 2011
Dear Mr. Bhattacharya,
The agent was not a reistered agent & now he is not available to comment.
So what stand does my friend has to take & the police I think r suspecting him & not listening to him that it was the agents idea & misconduct.
