i have been sent to jail under ipc 151,107,116 and has been released on the order from Chief Minister of Uttar Pradesh. we were 109 students who were arrested from university hostel.will this create problem for getting govt. job.
Asked 3 years ago in Criminal Law from Varanasi, Uttar Pradesh
This is action taken for security for keeping peace and good behaviour under 107 and 109 is required to sign a bond for one year.
This proceedings under the order of executive magistrate is not going to affect to you in your job or admission in private or govt. After one year you are out the bond if you do not repeat it within one year.
If an instant of same offense you shall be made to sign a fresh bond. So repetition of this can prompt th authorities to charge you in sec. . Under IPC and other related acts.
As of now you are not affected of your signing bond
1) The sections under which you have been charged are sections that are meant to keep peace and good behavior.
2) If you abide by the conditions of the bond and avoid getting into similar situations or offences you can stay clear of future troubles or possible fresh bond.
3)In case you involve in similar offence during the period of one year bond you will be charged under section 110 IPC and declared a habitual offender. IF that happens your job prospects in govt and Pvt. Employment will be affected adversely.
4) It is advisable to be careful now.
1. Chief Minister has no authority to release offenders from Jail,
2. It is the Court of law which passes release order,
3. Your such offence will not yet create any problem for you in getting Govt. jobs but certainly be a hindrance if the said offence id repeated by you and futher charged under the said sections by the police and taken to custody.
This will no where hinder your future, but you have to away in indulging with such activities and crimes. Otherwise you will be held liable for the offences and the earlier will also be taken noticed.
1. Were you released prior to or after the filing of the charge sheet? Under which provision of law has the CM ordered the release of the accused? The decision of the CM can itself be called in question in the High Court if the students have been released subsequent to the filing of the charge sheet against them.
2. Only a court of law can release an accused.
3. If the case is still pending then there will surely be some hassles in finding a job, more so a government job, as no employer likes to have on its rolls an employee who is facing a prosecution in a court of law. However, if the case has also been withdrawn then there will be no obstacle in so far as your career prospects are concerned.
what will i write in the police verification process where they ask have you been sent to jail or have you been convicted.
Asked 3 years ago
You have to write the truth i.e you were in jail after the filing of the case. If you suppress the truth you can be prosecuted for cheating.
1. No. You have not been convicted by any Court of law,
2. You were arrested by police after which you were released without being procecuted,
3. Write exectly what have heppened to you without suptressing the fact,
4. Is there is the query "Was you ever convicted?" then your answer should be 'No'.
Thats correct. I agree with Adv. Krishna Ganguly. Your arrest was not because you were convicted by any court of law. So that should not be a problem in normal course to get govt. job in normal situation. (It of course depends on what the recruitment rules prescribe for a particular job.) But it is advisable to not repeat such kind of incidents as it reflects on your character.