• Railway fines and Attestation Form

I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was made in the Police Diary as well with my contact. However, I did not get the receipt and paid at the Police Unit on the station itself. Now I am in a dilemma as what to do with the Attestation Form for Government Jobs. The questionnaire in the Self declaration attestation form goes like this : 

12 (1) 
a) Have you ever been arrested? Yes/No 
b) Have you ever been prosecuted? Yes/No 
c) Have you ever been kept under detention? Yes/No 
d) Have you ever been bouned down? Yes/No 
e) Have you ever been fined by a Court of Law? Yes/No 
f) Have you ever been convicted by a Court of Law for any offence? Yes/No

What will be the answers to these questions so that I am not caught due to suppression of information? Will there be any impact to my chances of landing a Government Job? Please help.
Asked 5 years ago in Criminal Law
Religion: Hindu

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23 Answers

It would not affect your chances of getting job 

 

2) you should mention that you had paid fine for crossing railway tracks 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

N1) No 

 

2) yes 

 

3) no 

 

4) no 

 

5) yes 

 

6) no 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- As per section 147 of Indian Railways Act, Trespassing across railway tracks is punishable offence.

- Further , the trespasser will have to pay fine upto Rs.1000/- , or may sent to jail for 6 months.

a) NO , because you have paid fine and not arrested for the said offence . 

b) No, same as above
c) No, same as above 

d) No, same as above 

e) No, as you have paid this amount before police and not before the court .

- But, if you was produced before the court , and on the direction/order of the court , you have paid the fine , then mention Yes for crossing of railway. Otherwise No.

f) No

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You should answer no on all the above stated questions as you were never arrested or detained by police and it was a petty offence punishable with fine only without producing before court. 

2. No it will not have adverse effect on your chances for getting govt job.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No

No

No

No

No

No

No impact on job.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No it's only fined so you don't worry. You can write no in all the section

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is a petty case and the records will be with the railway police itself.

They also may not keep the records of such petty offences beyond certain period.

Hence the police verification at a later stage of the employment would not cover the railway police.

The petty offences need not be mentioned in the application form

You can write NO as answer to all questions, nothing will happen.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can write NO as answer to all questions, nothing will happen.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. See it was a simple fine there was no arrest ,no prosecution , no detention , also the fine was of central authority and police no conviction so you can put a No for answer.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

2. You can answer in negative.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

These questions should be answered in the negative. You were only fined like traffic fines. Don't worry.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The answers should be no.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir/madam,

The clear answer to all of these questions is no, because the said questions are not applicable to the offence which you fear as to committed. That was a mistake by you and you were fined but no such entry is made in any record for your arrest, prosecution, detention etc. Also, RPF has other kinds of powers and different from normal police. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The answers would be in negative in all these questions. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You were temporarily detained and fined. This does NOT legally amount to Arrest or Prosecution or Punishment, unless & until you were arrested & produced before a Railway Court, taken Bond and Fined.

2. You are advised to safely & categorically state "NO" to all the questions for your Govt. Job, more so since there is no documentary evidence of your Arrest or Prosecution in  Court case.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi

1. No

2. No

3. No

4. No

5. No (fined by police, not by court, so answer is no)

6. No

All are no.....you were just caught by police and fined by them. You did`t face any criminal trial against you. So all the answers here are no.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

As  desired, the answers to your query are as under:

a) No.

b) Yes

c) No.

d) No.

e) No.

f) No.

The above will not affect your chances of getting the Job, for the simple reason that, you were not detained, arrested or convicted.  You need not worry.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Your answer should be 'NO', for each of the above questions. The Railway Police fined you, and not any Court; hence your answer to question no. 'e' should also be a 'no'

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

All the answers of your question will be NO.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir, 

Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe. 

==========================================================

 

PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.

 

Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.


"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.

You may answer as follows in the above background:

 

  1. a) Have you ever been arrested? Yes/No …No.
  2. b) Have you ever been prosecuted? Yes/No ….No
  3. c) Have you ever been kept under detention? Yes/No …No
  4. d) Have you ever been bouned down? Yes/No …No.
  5. e) Have you ever been fined by a Court of Law? Yes/No …No.

(Since because it is petty offense and petty fine without trial)

  1. f) Have you ever been convicted by a Court of Law for any offence? Yes/No….No.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Mere breaking of a rules is not criminal activity And does not affect govt job. 

mention about fine/challan.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

no

yes

no

no

yes

no

 


no

no

no

no

yes

no

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. This was a prosecution in which you admitted your guilt and therefore you were fined. You had the option of refusing to pay fine on the spot and facing the trial.

2. The answer to all questions, except question no. 'd)' has to be in affirmative, whereas for question no.d you may answer it in negative if you were not made to sign a bond to not to repeat the offence again.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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