All you need to know about the Police Clearance Certificate

Police Clearance Certificate

By Kishan Dutt Kalaskar, A Police Clearance Certificate (PCC) is an official record given to a person by the Indian Police or an approved Indian Government official. It recognizes any criminal records that an individual may have against their name and, gives a clearance certificate if such records are clear which, might be needed for Indian or foreign nationals who are residing or have resided in India, for the following purposes:  

  • Going after professional jobs requiring freedom  
  • Looking to move or get visas from different nations  
  • Fulfilling an organization's solicitation  

An Indian PCC does not have the time of legitimacy supported on the declaration. For the most part, it is legitimate for a half year. It should further be noted that a PCC is given uniquely to people who are more than 18 years of age.  

Significance of Police Clearance Certificate

In any case, if it's for work, schooling, or travel use, having a legitimate police clearance certificate implies that you have no criminal records covering the time or stay in the nation. Suppose in any capacity, whatsoever, you have been engaged with any criminal behavior or were captured because of law infringement. In that case, special notes relying upon the responsible nation will show up on your PCC expressing the infringement subtleties. So to break it down further, having a police clearance certificate shows how moral and mindful you are as a visitor or a resident. Incapable of providing PCC brings up issues from employers and travel specialists testing that you probably would not be a well-behaved resident of the nation.

Some components that influence Police Clearance Certificate

  • You have a significant criminal record-If you have been sentenced or detained, then it will show records on your PCC. Remember that being detained, for over a year may influence your police check. Additionally, unpaid advances or service bills would make it hard for you to acquire a PCC.
  • Relationship to a criminal gathering- If you are an individual from an association, club, or sorority with a criminal record, this may affect the believability of your PCC. Any contribution to the gathering, particularly those with crimes, will raise doubts.
  • Record of unethical character-Your over significant period records show how upstanding you are as a resident. If in any way, shape, or form the specialists feel that you are not decent, or can be a danger to the nation, they are qualified to deny you a police leeway declaration.

Applying for an Indian PCC

People applying for an Indian PCC can broadly be classified into the following classes, in light of their identity and a current spot of habitation:  

  • Indian nationals living in India  
  • Indian nationals living external India 
  • Far off nationals residing in India 
  • Indian nationals dwelling in India 

The Indian Government has changed the PCC application measure for Indian nationals living in India to a self-improved model where candidates can apply for a PCC online through the Passport Seva Kendra (PSK). These are the means associated with the application for a PCC through PSK:  

  • Complete the online application structure, pay the expense and timetable an arrangement to present the reports to the closest PSK  
  • Present the records at PSK: You should by and by present your archives  
  • Police check: Personal presence is required  
  • Gather the PCC from PSK: It might be gathered face to face. There is likewise a choice to have the PCC dispatched legitimately to the candidate's location from the PSK through enlisted/speed post.  

Overall, it takes 15 - 20 working days from the date of accommodation of the application to get a reaction.  

Procedure

For Online Form Submission

  • Step 1  Register through the Passport Seva Online Portal. (Click on the "Register Now” link on the Home Page).
  • Step 2 log in to the Passport Seva Online Portal with the Login ID created in Step 1.
  • Step 3  Click the "Apply for Police Clearance Certificate" link.
  • Step 4  Fill in the required details in the form and submit.
  • Step 5  Click the "Pay and Schedule Appointment" link on the "View Saved/Submitted Applications" screen to schedule an appointment. (Online Payment has been made mandatory for booking appointments at all PSK/POPSK/PO.)
  • Step 6  Click the "Print Application Receipt" link to print the application receipt containing the Application Reference Number (ARN)/Appointment Number.
  • Note: Carrying printout of Application Receipt is no longer required. An SMS with your appointment details is also accepted as proof of appointment during your visit to the Passport Office.
  • Step 7  Visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO) where the appointment has been booked, along with original documents.

For e-Form Submission

  • Step 1  Download the e-Form through the "Download e-Form" link available on the Home Page.
  • Step 2  Fill the downloaded e-Form and click the Validate and Save button in it. This will generate an XML file, which will be required later for uploading in the system.
  • Step 3  Register through the Passport Seva Online Portal. (Click on the "Register Now” link on the Home Page).
  • Step 4 log in to the Passport Seva Online Portal with the registered Login Id.
  • Step 5  Upload the XML file (generated in Step 2) through the "Upload e-Form" link. Do not upload the PDF form at this stage as the only XML file is accepted by the system.
  • Step 6  Click the "Pay and Schedule Appointment" link on the "View Saved/Submitted Applications" screen to schedule an appointment. (Online Payment has been made mandatory for booking appointments at all PSK/POPSK/PO.)
  • Step 7  Click the "Print Application Receipt" link to print the application receipt containing the Application Reference Number (ARN)/Appointment Number.
  • Note: Carrying printout of Application Receipt is no longer required. An SMS with your appointment details is also accepted as proof of appointment during your visit to the Passport Office.
  • Step 8  Visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO) where the appointment has been booked, along with original documents.

Note:

Only emergency/medical cases and preapproved categories may visit Passport Seva Kendra without an appointment. Service will be provided at the discretion of Passport Seva Kendra in-charge/Passport Officer.

Resubmission of the application form is required; in case the applicant does not visit the Passport Seva Kendra within 90 days from the online form submission.

Disregarding Tickets and Fines

On the off chance that you have different unpaid tickets or challans, you will get a notice to pay compensation or challenge the tickets.

Some traffic violation related examples, causing suspension or abrogation include:

  • Failure to respect a crisis vehicle
  • Failure to comply with a railroad-crossing signal
  • Causing an accident in a development/construction zone
  • Reckless driving
  • Drag dashing or road hustling
  • Driving Under Intoxication (DUI) or exasperated DUI
  • Refusing to take, or falling flat, a medication or liquor test.

Collecting a specific number of focuses can prompt a permit suspension too. With outcomes so severe, it pays to pay your traffic tickets, and even recruit an accomplished traffic ticket lawyer to assist you with dodging significant punishments.

Effect of traffic violations on PCC

In July 2015, the Kerala High Court held that the police specialists could not decline to allow a Police Clearance Certificate (PCC) to a resident referring to his association in a criminal case, and PCC must be given in the wake of remembering the subtleties of the case for it. The order was given by Justice K Vinod Chandran in the wake of considering an appeal recorded by TC Biju, of Airport Nagar at Vappalassery in Ernakulam. Biju is a cab driver working on the premises of Cochin International Airport Ltd (CIAL) and was asked by CIAL to create a PCC to proceed with his work there. Accordingly, to get the PCC, Biju documented a solicitation before the sub-monitor of the Nedumbassery police headquarters. Nonetheless, PCC was declined to him by calling attention to that he is involved in a criminal case. Following this, Biju documented an appeal under the steady gaze of the high court scrutinizing the police's disavowal of PCC and made the sub-overseer and Ernakulam country SP inverse gatherings for the situation.  

Administering against the police's position that PCC cannot be given to those engaged with criminal cases, the court held that if the applicant is involved with wrongdoing, authentication must be given expressing the idea of the offense wherein the solicitor is involved. The Police Authorities cannot decline to issue a testament to the applicant.  

For the most part, minor traffic offenses (like speeding and running a stop sign or red light) are dealt with uniquely in contrast to more genuine infringement of the law. The punishments for minor petty criminal offenses are less severe, and the court systems less formal. Furthermore, in many states, the municipal court, where cases including minor driving infringement normally go, is unique concerning criminal court.  

The Supreme Court held that an individual submitting offenses under the Motor Vehicles Act like over speeding and rash driving could likewise be reserved under the Indian Penal Code as both the rules work with full power, in their free circles. It further expressed that with quickly expanding mechanization, India is confronting an expanding weight of street traffic injuries and fatalities. A bench of Justices Indu Malhotra and Sanjiv Khanna put aside an order for the Gauhati High Court of December 22, 2008, which held that an individual reserved for over speeding, hazardous driving, and other related offenses under the Motor Vehicles Act, could not be indicted under the IPC.  

While as per Section 6 of the Passports Act, 1967, the identification application could be dismissed if an individual has a criminal history or cases forthcoming. It very well may be done to guarantee they are accessible in the nation for the length of the preliminary. On the off chance that they have been involved with a criminal examination, in any case, the charges against them were dropped, at that point, they may need to present the endorsement avowing the equivalent. It will likewise incorporate situations where there are warrants given in their name.  

In any case, in 2018, to get control over traffic violators in the Pune city, Commissioner of Police Dr. K Venkatesham had cautioned that such people would not get a police declaration (PCC), which is fundamental to get a visa. Numerous organizations likewise demand PCC during position hiring.  

Venkatesham expressed that they are setting up a rundown of the traffic violators just as will impart their subtleties to the concerned office and, such people would not get PCC. Individuals should confirm and keep traffic rules since road accidents have been a severe cause for concern across the Indian subcontinent. In 2018 alone, the country reported around 151 thousand fatalities due to road accidents. Each year, approximately three to five percent of the country’s GDP was invested in road accidents. Notably, while India has about one percent of the world’s vehicle population, it also accounted for about six percent of the global road traffic incidents. Almost 70 percent of the accidents involved young Indians who drive carelessly and jeopardize the lives of other people too.

Conclusion

A Police clearance certificate is an essential document as it is a clear indication that an individual doesn’t have any criminal record, and it further helps an individual to prove his/her innocence. However, the process to acquire a PCC certificate is lengthy; therefore, to avoid such circumstances, it is always recommended to hire a professional who can legally procure such a certificate.

The author of this blog/Article is Kishan Dutt Kalaskar, a Retired Judge and practicing advocate having experience of 35+ years in handling different legal matters. He has prepared and got published Head Notes for more than 10,000 Judgments of the Supreme Court and High Courts in different Law Journals.  From his experience, he wants to share this beneficial information for the individuals having any issues concerning their related matters.

 

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