Settlement in 380ipc or quash fir eligible to appoint ias
Bhagwan sahay
(Querist) 29 June 2020
This query is : Resolved
today i m govt.teacher preparing FOR IAS
has gone jail 2 days in 380 IPC i did not disclose to my dept.& i m in service
i have 2 possibilities
1.settlement in this case will be make soon after it ,can i will become IAS if i will pass exam or
becoz i hide my arrest & jail from dept.so they refuse my candidature ??( moral turpitude )
2 if on basis of compromise the FIR will get quash then can i eligible to appoint IAS ?
i fear becoz hiding jail from my present department they will dismiss my candidature of IAS ??
but if FIR will quash & but it is also based on compromise ( moral turpitude ) ?
.
if cannot IAS could be RAS ?? (RAJASTHAN ADMINISTRATIVE SERVICE )
Guest
(Expert) 29 June 2020
Section 380 IPC refers to Theft of an idle or icon at a place of worship or theft at an dwelling place which entitles the accused for rigorous imprisonment, First try your best with the help of your advocate devote and concentrate for your acquittal in the case. After that we would discuss about other things.
K Rajasekharan
(Expert) 29 June 2020
UPSC does not make any enquiry as to your credential till you complete the three part Civil Service Examination consisting of Preliminary, Main Examination and Personality Test which altogether is a tough task.
But once the personality test is over, UPSC makes a through scrutiny going into the minute details based on the personal details you provide and other means. Your arrest would definitely come to their notice through their police verification, even if you keep it away from them.
It is not a good sign that you got into the jail somehow. But that alone need not be a sound ground for rejecting you from service provided you come out successfully in the examination and you get acquittal from the case.
IPC 380 is not a matter to be compromised but the police can dilute it into IPC 379 easily by playing their normal tricks because mathematical precision is not there in such matters at the police level or even in the trial court level.
A UPSC candidate will normally get some favours from the police or court, not based on law but on humanitarian grounds, in case it is possible, provided you make them believe that you repent on your misadventure that lead to the arrest.
Dr J C Vashista
(Expert) 30 June 2020
The candidate concealing vital information qua his /her involvement in a case u/s 380 IPC and in custody for 4 days may have to face departmental disciplinary action besides ineligiblity to be appointed as an RAS officer.
Guest
(Expert) 30 June 2020
Mr K.Rajasekharan Please Refer your 4th Para in your Last post of this Thread . You had stated " but the police can dilute it easily by playing their Normal Tricks ". Is it an valid guidance Or is it an Legal Advise.. You are obviously advising the Querist to involve in further Crime ( he had already been booked for his Criminal Offence ) and now involving the Police also in your Criminal Advise... Remember it is an Forum of Advocates which provides Legal Guidance only and Not Any Criminal Tricks as mentioned by you. You should restrict and reconcile your self and Stop and Avoid posting such illegal advises which will Not be accepted here.
Guest
(Expert) 30 June 2020
Mr.K.Rajasekharan Please Refer the Dictionary for the meaning of " Trick " mentioned by you . Trick -- means -- A Cunning Act -- Scheme intended to deceive -- Whether playing the Trick could be an Legal Advise here ? . as mentioned by your self.
Guest
(Expert) 30 June 2020
Well advised by Mr.J.C. Vashista
Rajendra K Goyal
(Expert) 30 June 2020
Such case can prove to be dangerous in fulfillment of your dreams.
P. Venu
(Expert) 30 June 2020
The charges need to be met on merits.
The question of verifying the character and antecedents comes only after the selection process is completed. Once selected, the selected candidate need to submit an Attestation Form. Every information, as sought, requires to be furnished and suppression of any information entails disqualification.
The offence alleged inheres moral turpitude and would be a disqualification for appointment unless acquitted on merits.
K Rajasekharan
(Expert) 30 June 2020
Indian laws on arrest, pre-trial detention and charge framing are almost in shambles or irreparable disorder. Those laws are of colonial origin and they pay little attention to the ground realities here.
The Law Commission of India in its 177th report, by citing the statistics provided in the Third Report of the National Police Commission, points out that 60 per cent of the arrests were unnecessary or unjustified. A major section of jail inmates languishing in our jails are unnecessarily arrested. Due to procedural tangles some of them are forced to remain in jail for long even without knowing the charge on which they were arrested - as charge framing by the court takes place pretty long after the arrest.
In a cognizable offence, the laws provide that the police officer has enough legal authority to arrest an accused and put him in lock up. Lodging an FIR - based on a credible information or reasonable suspicion founded on some definite fact in regard to the commission of a cognisable offence - is a must for arrest. But arrest is a police officer’s discretionary power which needs to be exercised only when sufficient justification exists.
However when an FIR is filed, the police usually spring up into action and arrest the accused unless the arrest is put on hold by political influence or by money in an unholy manner.
The reports say power to arrest is a lucrative source of money for the police. An arrest cannot be done without registering an FIR, but a mere allegation, a fanciful and decorated story by someone, can end up in registering an FIR against the accused and in his/her arrest.
A police officer is not bound to arrest an accused even if he has committed a cognizable offence and an FIR is lodged. The Criminal Procedure Code (CrPC) does not per se provide the police officer an unqualified authority to arrest an accused. That means an accused has committed a cognizable offence alone is not a reasonable ground for making an arrest.
In Arnesh Kumar v State of Bihar & another, the Supreme Court says, “We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so”.
In short, someone has got arrested and landed up in jail does not mean that a prima facie crime exist against him. Many innocents got arrested and stayed in remand for long for no reason at all is a fact well recognised by the Supreme Court and innumerable reports of the government and the learned ones. Nambi Narayan case is a classic example in which the SC allowed Rs 50 lakh towards interim compensation to him.
Guest
(Expert) 30 June 2020
When the querist him self had not denied about the offence committed why this K.Rajasekharan should advise immoral and illegal ideas what he had stated as Trick and this is not the place for such Tricks advise.
Rajendra K Goyal
(Expert) 30 June 2020
If the FIR is quashed or acquitted of the offence your case would be analyzed, you can have a chance.
K Rajasekharan
(Expert) 30 June 2020
Even if you admit that you had committed the offence under Section 380 IPC, you can bargain for a lesser punishment with the prosecution & the court strictly as per law, and obtain your release on probation of good conduct, if they agree. This is called plea bargaining. It is a comparatively new concept introduced in Indian criminal jurisprudence in 2006.
A write up on the subject plea bargaining prepared by me is available at
http://lawwatch.in/2020/06/24/Plea%20bargaining/
Guest
(Expert) 01 July 2020
A Good Article by Mr.K.Rajasekharan -- Appreciated..
Guest
(Expert) 01 July 2020
The First paragraph of the Article by Mr. K.Rajasekharan clearly states " that the accused pleads guilty in exchange of seeking some reduction in the charges of sentence " which obviously means the accused accepts and confirms the offence committed.. Here the Query is about the IAS and RAS posts only... He the Querist was advised in the first post it self all these things could be discussed once he gets the acquittal and Not Any Reduction in Sentence as mentioned by Mr.K.Rajasekharan.
