• How many days after the acquittal is PCC given

I have been acquitted from a criminal case(IPC 306 Sec 4 of DP Act) from Addl Sessions court a couple of weeks back. I have a valid Passport but I need PCC to migrate to Australia. Will I be granted with PCC or will I have to wait for 90 days of appeal time?
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

After 90 days you have to obtain certified copies of judgement and apply for PCC. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can apply for the PCC the authority will not grant you before 90 days of appeal but your application will be in process

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If there is no appeal filed and you have been acquitted you can get clear PCC now also. You don't have to wait for appeal period for PCC. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

after expiry of appeal period of 90 days, however, in the meantime, you can apply with certified copies of the judgment.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You should be granted PCC as there is no pending criminal case against you 

 

no no need to wait for period of 90days 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Apply for PCC with a certified copy of the order of Sessions Court.

2. Police has to ideally wait for the expiry of the limitation to file an appeal against the order of Sessions Court, to issue PCC. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can be granted a PCC by the authorities as you have been acquitted.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Not at all, get PCC done at once and fly to Australia

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

 

Dear Sir,
Police clearance certificate can't be denied citing involvement in criminal case, orders Kerala HC 
The court further ordered the sub inspector to right away intimate the details of the crime in which the petitioner is involved to the SP. The SP should issue PCC within ten days showing all the details including the offence in which the petitioner is involved, the court order .. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Period of appeal in acquittal is no mean. As of now you are innocent till HC convict you in appeal. Hope it`s Honorable acquittal.

No issue in PCC.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

 

- You will have to wait as police will put your application on hold till limitation period is over for next appeal.

- Advisable to submit after appeal time. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1.  PCC would be given ONLY after the "appeal period" is over, since appeal would be decided by the PP and not the Police.

2.  However, you must apply immediately, to avoid further delay.  You can also move caveat before the authorities and the appellate court, to be preemptive in the matter.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You may have to wait for 30 days for the expiration of appeal period before the district court, because the police may refuse to PCC citing the pending appeal case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been granted not guilty tag from the court of law.
  2. And once a person comes out as acquitted then even if the other party filed an appeal that dose not make you an accused then.
  3. Yes you can apply for the same without any hassle or getting worried about the appeal time.
  4. And for appeal also they would have to get the Leave to Appel from the High Court which itself may take months and then years to conclude the appeal.
  5. It doesn’t aim to curtail the liberty of a person just because that he was accused in some cases or only in one case.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer