FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (A)     31 August 2014

False 354 section

Hello Sir, Very Soon i will be getting selected for a Central Government Job.I have been wrongly framed in Section 354 by a girl(And she is one of our family member ) because of property matter.The case is been investigated by the police and the charge sheet has not been filed by the police till now. The police know that this case is false and Also i have enough evidence to prove my innocence.They told me that i should surrender and I should apply for bail because they had orders from ABOVE. And it all happened accordingly , I surrendered and on the same day I was granted bail.Now i Have a query whether I should mention this thing in my attestation form or Should i try to bribe the police guys when the verification reports comes to them and to send clean report.Also the girl has gone out of her sense and is not ready to compromise.And also i am ready to fight the case in court but the thing is that it will take long time for the verdict and also she will approach higher courts which will even cause more delay.Since I need this job badly I request all the experts to give your valuable opinions for which I will be extremely grateful to you................



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     31 August 2014

you have to mention the truth in attestation form.

Raj (A)     31 August 2014

If i mention this Case in the attestation form , it will create hurdle in joining the Job. What are the  various incidence that will arise if I mention this case in attestation form and for appointment ?

T. Kalaiselvan, Advocate (Advocate)     31 August 2014

If you are not disclosing the pending criminal case, if your employer is informed by her or in the police verification report or though some source, you will be ousted and thrown out of your job, will it be okay, because in such circumstance, you may not get an employment elsewhere too. Better state the facts now itself so that you can even explain the situation where you were falsely implicated in the case, you may get some respite from employer.

Ashok, Advocate (Lawyer at Delhi)     31 August 2014

You must mention the truth in the attestation form to be filled for the Government job. Do NOT write any falsehood in that form.

 

Please see. You are already facing a criminal case under Section 354 IPC, which you say is a false case. So, sooner or later, you would come out of that case since it is a false case.

 

But, if you furnish false information in the attestation form for the Government job, you will thereby be committing a criminal offence, which by the way would be a true case with full documentary evidence already available with authorities. How? Look, it is a documented fact that there is one FIR pending against you (under Section 354 IPC). It is also a fact that you were arrested in that case (on surrendering) and were granted bail, and this fact is also documented in the police station and/or the court. Thirdly, if you mention falsely in the attestation form that NO criminal case is pending against you, then that fact will also be documented in the Government records. Therefore, furnishing false information to Government at the time of getting job would amount to a criminal offence, for which there would be sufficient documentary evidence already available against you. Witnesses may speak lies but documents do NOT. Thus, while it may be possible for you to come out of the first (false) case of Section 354 IPC, but it may NOT be possible for you to come out of the second (true) case of furnishing false information deliberately and intentionally. Moreover, in addition to the criminal offence for which you may be charged in future, you may also be departmentally proceeded against (if you get the job) and you may be dismissed from the job on this ground alone. So, what would be the advantage of such a wrong step?

 

Also remember that you CANNOT keep the information of furnishing false information in the attestation form secret for long. For example, when the said lady (who has filed the offence of Section 354 IPC against you) comes to know about your getting the Government job, she would immediately try to check as to how did you got the Government job when you were facing a criminal case. Through RTI, she (or any other person against you who has that information) can easily find out that you have furnished false information in attestation form. Even otherwise without the RTI, at least she can provide information about the pending case against you to the concerned Government department officers who may then enquire into that aspect and take action.

 

Therefore, it is not possible for you to keep the fact of furnishing false information as a secret for long. The result will be another criminal case and dismissal from that job. Is it worth it?

 

On the other hand, provide correct and true information in the attestation form and then leave it to luck. In fact, you may even go to the competent court / tribunal to get some interim relief directing the criminal court to dispose of the Section 354 IPC case at the earliest, and try to get direction to keep one post vacant for you in the meanwhile.

 

 

In the worst scenario, if you cannot get this Government job, try to get some other job, such as a private job, where you don’t have to furnish false information inviting criminal charges.

Sudhir Kumar, Advocate (Advocate)     31 August 2014

fully agreed with Mr Ashok Aggarwal.

Raj (A)     31 August 2014

I truly appreciate your valuable opinion. I would like to state some fact that there was judgement passed in supreme court in similar case stating that government cannot reject the appointment of the candidate merely only on the basis of FIR and the respective department has to take decision only when final verdict is out provided that the candidate had furnished all details right and correct at the respective time.So I am hopeful that my appointment will not be cancelled but it will be kept on hold till the verdict is out. I had a query that the FIR was lodged against me and 3 other persons so is it possible if  I present  evidence or proof of my innocence then will be my  name be removed from the case aand on the other 3 it is kept going.

Sudhir Kumar, Advocate (Advocate)     31 August 2014

Deptt cannot be compelled to keep a vancay open for years. 

 

If you have to remain under misconception then it is your choice.

Sudhir Kumar, Advocate (Advocate)     19 September 2014

Further when you are aqcuitted then it may not be a hurdle to join.

 

if you hide the facts then it may be a hudle to continue further even it is fag end of service.

 

Even if you hid e the facts still the police is bound to report correctly.

 

Sudhir Kumar, Advocate (Advocate)     19 September 2014

Further when you are aqcuitted then it may not be a hurdle to join.

 

if you hide the facts then it may be a hurdle to continue further even it is fag end of service.

 

Even if you hid e the facts still the police is bound to report correctly.

Raj   08 June 2016

Misuse of 354 A by Female Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country. As a result many false cases and misuse of section 354A by females have been reported till date . It is a request and need of the hour that Government must make the law fool proof so that its not misused by any female to defame /trap any innocent person for their personal grudges/fights. 1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a fit of rage and section says even if female quotes that some men has touched her inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations. 2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness 3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights. The law is one sided and has a blind eye towards the other part of the story. 4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person 5. Recently, I came across a relevant case of my close relative & hence sharing this. The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict. In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable. 6. Any suggestion/advice /support for such open misuse of this section 354A?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query