• How to know if I was ever arrested or I was ever convicted

Dear Sirs, I have been working in a private MNC, but recently I have cleared IAS Prelim and now already appeared in Mains and confident enough that I'll clear it as well. But I have a problem which is making very very worried. about 7 years ago while drinking at a park in our local area Police caught me and took me to local police station, then put me behind the bar after noting down my name, father's name and address. After 3 hours a person (Who was lawyer, later came to know) came and asked us to sign on a few documents, got me fingerprinted and asked me to sign on vakalatnama which I did as I was damn scared. He took Rs. 200 from me and then released me. He told that he will submit this amount as fine at the hon'ble magistrate court the next day. And also told me to collect the receipt from him the next day evening. But I received no summon from the court. I was told the lawyer would submit the fine and he would handover the receipt to me which I never collected. But due to unawareness of law and since I was so damn scared that I didn't go to meet him next day to collect the document/receipt that he was supposed to hand me over. He told me that it was a petty case - Though I don't know what I was charged with. I still have no idea under which section I was charged. Now I have to give a declaration form in UPSC, I know I was caught by police, was put behind bar for couple of hours, signed and fingerprinted a few pages, signed vakalatnama, so I can not outrightly deny that I was neither detained, or convicted, or arrested or anything like that. But the problem is I don't know nothing about that case, though I know it was a petty case as per that lawyer. I used online RTI route to know the deatils. I filled online RTI to West Bengal State Crime Records Bureau and to local police station to know whether I have even been arrested or convicted or detained. But both them declined, WBSCRB told that they don't maintain such details and local police station told it's lot of documents that they have to go through which is not possible for them. The problem is I couldn't remember the exact day of the incident, not even exact month. I only remember the year. Somebody suggested me to go for PCC, but to avail that I have to renew my passport which is on the verge of expiry, but there is no gurantee that they will do the verification properly, sometimes they don't verify at all for passport renewal. And a citizen just can not ask for PCC without citing a valid reason like valid Visa or something like that. Where as in case of UPSC police verify it with due diligence. I'm not been able to sleep at all due to my worries. Can somebody please suggest me what are the other way possible for me to know what had actually happened that day, the case details, and what kind of case was it. And whether I'm eligible for selection if it's a petty case. Basically I want to know everything about the case. Is there a way to know it? Is there any way to check my entire life in police records as they normally check in case of a govt job? And if it's a petty case am I eligible anymore for UPSC selection? Please help me out. Kindly suggest me. I need your guidance.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

Since there is no record to confirm whether you were ever arrested or convicted , you can tick negative mark in the relevant column.

Do note that unless a arrest memo is issued you may not be considered as arrested.

Moreover since you were acquitted of the offence on payment of penalty you can be said to have ever been convicted either.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) no FIRhas been filed against you

2) you have not been convicted nor sent to impriosnment

3) nominal fine was imposed upon you for drinking in public

4) you would be eligible for selection for govt job

5) however you should disclose fact that you were fined for drinking in public and not suppress any material facts

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) you should mention that you dont remember the date and year when you were fined .

2) you can rely upon RTI report to show that you had made attempts to find particulars of the case wherein fine was imposed but information could not be found

3) you may have been booked Under the Indian Penal Code, Sec 268, for causing public nuisance after consumption of alcohol.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Filing RTI is only option.

If you do not get reply then file appeal and thereafter writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. this is petty offence and only file is levied. this is non-cognizable offence under the excise act.

2. no need to mention because now a days all such issues are settled or decided by lok adalat and it is an extra judicial subject.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

This was a petty case may be for nuisance in public not warranting arrest and mere fine shall be enough.

Therefore there is nothing in this that you have to mention anything about it in the application.

The police verification report also would not reflect such petty incidences.

Thus your worries are unnecessary.

You may give NO to the column in the application form requiring you to give details of any arrest etc.

You are certainly eligible for any appointment based on the qualification for that employment and this will hinder obstruct your employment opportunities.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

To your subsequent questions:

These are petty cases, the records of which will not be available with the police even if you give them the correct date and other details.

Such petty cases are ion abundance which dont gather any importance to any issue until and unless if the accused if habitually committing such offences.

Thus in my opinion you need worry about this to this extent.

You can very well say no under the column for arrest or conviction etc.

This may not be treated as suppression of fact because these are not material to the employment criteria.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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