• Police clearance certificate for Canada PR

Hi

I need police clearance certificate for Canada PR. However I have 1 ongoing case in IPC 186, 279 and 353. I have following questions - 

1) Will this case show in my PCC since I have not been convicted and trial is pending?

2) Is there anyway that somehow this case doesn't appear in my PCC and I can get a clean PCC?

3) Will my Canada PR application get rejected because my PCC is not clean?

4) Say after 5 years I win the case and come out clean and apply for Canada PR again. Will this case show in my PCC again?
Asked 4 years ago in Criminal Law
Religion: Hindu

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22 Answers

1. Yes the pending case shall be reflected in the verification.

2. See only in case the case is quashed from high.court or you are acquitted in case it will not show.

3. That shall be as per rules of Canada PR.

4.No after you are given clear acquittal it will not show in your PCC.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes it may show. 

Cases doesn't mean you can travel. If court permit you there is no issue. 

Rejection depends on discretion of Canadian govt. 

No it will not show after disposal

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Pending case would be reflected in your PCC

 

2) you would not get clean PCC 

 

3) your PR application may be rejected because of pending case 

 

4) after your acquittal it would not show in your PCC 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. The pending case will surely show up in the PCC even if you have not been convicted.

2. Police will issue the certificate containing the details of the case and then it will be for the embassy to take a call on whether to issue PR or not. Most likely, the embassy will put the PR application on hold.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Police clearance certificate will definitely mention the detail of these cases wireless printer certificate it is not a police clearance certificate for it you as these  cases are non cognizable so this might not create any problem in your case of course if you wait for the conclusion of the case then you can apply for the visa

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. yes it will show in your PCC AS CASE IS PENDING.

2. No unless you take wrong recourse to law and get a false PCC which is not advisable.

3 . Yes unless they decide that the case is not of much relevance.

4. Yes that time your PCC should come clean. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hello

 

I think that this may create problems in your canada PR. I suggest you to get the matter compromised and then apply for PR. Hiding the facts will not be a good idea and this may create problems later on if you succeeded in hiding at present.

 

Regards

Gopender M

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Every single case under whatever section will reflect in PCC. Clear PCC mean, managed and forged, another criminal case will impute.

In case of acquittal, PCC will be clear.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Yes, it will show.

2. No you cannot get a clean PCC , specially for PR.

- But , you can get permission to travel abroad and also police clearance certificate for the same.

- During the trial of the above case , you can move an applicaton before the Court for the permssion of travel and getting clearance certificate. 

- You should try to settle/compromised with the complainant of the case, to quash the FIR urgently.. As all sections are compundable.

3. Yes, it will be rejected.

4. Yes, after acquital from the said cases , you can proceed for Candada PR again. 

- After acquital from the case, you should apply for certified copy of the judgement , and this document will remove all your hurdle forever. 

 

Good luck and dont forget to rating Positively. You can contact me via phone as well for further query.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

  1. Login to Passport Seva Portal . User Login | Passport Seva
  2. On left hand side of the page there will be a link to apply for Police Clearance Certificate(PCC) . Fill all the details as per your passport. Save as you fill in.Once you submit the application, you can see it in view saved applications.
  3. You can now make a payment . It is Rs 500 per application.
  4. Next you need to schedule an appointment with the available dates and venue. Usually try in the morning time . You might get it for the very next day usually in Bangalore.
  5. Take the printout of appointment confirmation.
  6. Along with the printout , take original passport, two copies of your passport (front and back), PAN card copy , printout invitation to apply for Canada PR and address proof documents.
  7. Another document you need is a letter to Passport Seva director, mentioning the reason for the need of PCC. You would get a sample format photocopy in the Passport office itself , in which you need to just fill the basic details.
  8. Please note that rent agreement is not being considered as an address proof. HR letter head would do . Make sure it is original copy and signed by HR.
  9. In Bangalore, they will let you in on your appointment scheduled time. You need to go to counter 1, where they will verify the documents and give the token. .
  10. Once you get the token , you need to go to B section counters ,where the token numbers are displayed on the screen. Your fingerprints, photo will be captured here and also you can opt for SMS service which costs Rs 40. I suggest you to opt for it.
  11. Then you will be redirected to ‘C’ counters where documents are verified again , signed and further sent to next counter where they will issue PCC copies, if everything is right with no police verification required. Otherwise, they will ask you to come again with the correct documents.
  12. In case all the documents are correct, and police verification is needed they will confirm you with the receipt. Police will visit your house and verify the documents. Once you get the message that you can collect PCC, you need to revisit passport office again and collect the PCC copies.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

normally a PCC only reflects "criminal" cases. However, you may still have problems until the case is resolved, regardless of a "clean" PCC

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  PCC is based on the records maintained by the Police Dept., and they are asked to submit report of the same in the event of requirement of PR for Canada or any other country.

2.  The Acquittal or Conviction would appear as a matter of record in the police report.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

yes pending cases will appear in PCC. 

There is No way by which the case will not appear in PCC. 

Possibility of rejection of application is high during pendency of case.

After acquittal from case you will get police clearance certificate easily.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Your conviction would be reflected in your PCC 

 

2) criminal cases take over 10 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. Yes. Police record does not get eliminated even if the man has served his sentence.

2. It will show in the database all your life.

3. Years, at times.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If convicted it shall be always there. As in PCC column of previous column it will show same.

2. See after chargesheet is filed it can take 1-2 year to complete the trial . After the trial is started.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes, conviction will show forever. 

It was a minor case 279 of rash driving, you must have agitated with police and resultantly minor become major 353.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Yes it will be shown as convicted even after serving full jail term and fine. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It will show but will eventually removed. 

There is no such time frame but it can be removed through court interference

 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The police will furnish the details of the pending criminal cases in the police clearance certificate.

You may have to contact the concerned police about this.

May be, because they need the PCC for this purpose only.

It depends on the prevailing circumstances after 5 years from now.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1.  Yes, it will be reflected in the PCC promptly.

2. It will remain as a tag in your police records.

3. It may take at least two to three years, depending on the court and the police initiation

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

In your case when criminal trial going on same time during the trial you can file application in court for permission of travel abroad & grant of police clearance certificate, if court approve you application then same direct to police station for issue clearance certificate.

You can file application u/s 265-B of Cr.P.C. and make plea bargaining whereby the court will hear you and if compromise settlement is possible with the victim (complainant) then the court may on confirmation by the victim that he has received compensation from you can reprimand you and close the case. The punishment u/s 279 I.P.C. is quite less and hence you will not face any such adverse situation as to qualify you as a criminal. Hundreds of accident cases are lodged but then all such errant drivers upon paying compensation to the victim are not deemed as criminals for life and they have all the liberty to be considered as normal citizens.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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