LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dhanalakshmi (Executive)     26 January 2017

How to know one's past criminal records?

Hi Lawyers,

Can you please let me know how can one know the person's past criminal records?

 

Thanks



Learning

 9 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     26 January 2017

Don't think its possible. So far as I know, police is under no obligation to provide a person criminal record pertaining to any other person.

Adv. Yogen Kakade (+ 91 9225510883)     26 January 2017

Please mention the facts of the case. If the person is booked under a cognizable offence currently, then the police might help you if you are the original complainant in the case.

Dhanalakshmi (Executive)     26 January 2017

My brother was remanded under 306 and 506 because my husband committed suicide which my father in law filed the case. The judgement acquitted him after proving innocent. He is expecting a opportunity to work in abroad but he is worried about his case. So let me know whether his employer or the visa office can trace his record. He don't want to hide anything but he is also worried about his opportunity.

Dr. Atul [9013898936] (Lawyer, Scholar)     26 January 2017

No need to hide anything; I know it sounds upsetting to tell anyone that you were accused and acquitted. But its better that one tells it himself upfront rather than the other person hearing about it from some other source and then the accused-acquitted person defending himself. That said, there is no need to be proactive about it either!

To give you an example, some circumstances make it mandatory to reveal whether a person was accused and/or convicted of any offence. Its best to reveal the entire fact then and there. On the other hand, some standard forms clearly ask whether the the person was convicted of any offence - nobody is asking you to reveal a failed prosecution there, so simply answer no, instead of giving a detailed defense that you were accused but not convicted (if you're getting what I mean).

Dr. Atul [9013898936] (Lawyer, Scholar)     26 January 2017

Originally posted by : Dhanalakshmi
My brother was remanded under 306 and 506  ... The judgement acquitted him  ... opportunity to work in abroad ... whether his employer or the visa office can trace his record.

 

That puts things in a slightly different light. When you made your initial post you did not mention verification of antecedents by law and order enforcement agencies.

Anyhow, I believe such agencies may have access to Common Integrated Police Application  and Crime and Criminal Tracking Network & Systems [not a private employer though ... and I use 'may' becase the law enforcement agencies appear to be rather tight lipped about the data souces accessed by them for verification].

But the substantive postion of my suggestion to you remains the same. If asked about any accusation or conviction, reveal it; if asked of conviction only, tell them none (you'd be telling the truth after all, I hope).

Dhanalakshmi (Executive)     27 January 2017

Thank you for the detailed reply.

However as far my knowledge concern, nowadays all application forms have clear or detailed questions like remanded and convicted, remanded and not convicted etc.,

To your quotes, he is expecting a opportunity to work in abroad but it is not confirmed yet. So if it is a problem for him he can sacrifice his opportunity and work hereitself atleast he can safeguard his current job.

 

Kumar Doab (FIN)     14 April 2018

It was you or your brother or both…

In any case the documents mentioned and judgment in English can help you..

Your query has been responded in many threads..

Rest is to be checked and ascertained by you and your LOCAL Lawyer, immigration consultant/Visa guide in person.

Kumar Doab (FIN)     14 April 2018

Two individuals i.e. you and brother seem to have been involved in case.

Your lawyer or another lawyer handling immigration matters could have guided you.

The information is to be provided as per forms and pointwise for each point.

If the column in form asks for any case then mention details and that you have been acquitted.

Rest is to be checked and  ascertained by you and your Lawyer in person.


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