It is only a fine. They haven't convicted you of any crime. A violation may be of an administrative order subject to fine.

If a case is lodged and after trial they convict you then there is a problem.

Hello,

If they have issued a challan and you have to pay fine in the court it means you will have to plead guilty and pay fine. It means you are convicted and yes you need to disclose .

Regards

1. It was petty offence and on payment of fine you were allowed to go scotfree.

2. So financially even if you admit the offence and pay the fine the same doe snot amount ot conviction of a crime.

3. So in other words on this basis your visa would not be cancelled.

You need to plead not guilty. Paying fine is ok but if you plead guilty you can be convicted. You need to contest the trial and get acquitted in the same. Your international visa will not affect. You can also chose to accept the offence and pay the fine and get out. But it depends on the magistrate whether after pleading guilty he only imposes fine and leave you. Its tricky as the offence included imprisonment also. 

If you will accept apology than it will be consider admission to crime. 

Certainly court will close the matter by merely paying fine but will reflect in your police verification.

So dont apologise and contest. 

This is a serious offence especially in view of the current pandemic crisis hence the cops would be making a complete records of all such violation of law cases in order to make sure that the repeaters are punished more severely.

Hence in future, for police clearance certificate or background check for visa, this may reflect and may create an obstacle.

Anyway you pay the fine in court when the court reopens and get a certified copy of the orders by which you will come to know more about the seriousness of the case.

The court in its orders may specify the details of the offence and judgment delivered.

Court would impose nominal fine of Rs 1000 on you 

2) it would not affect your future job prospects and visa application 

1. Did you pay the fine?

2. If you have paid the fine then it means that you have admitted your guilt and have been convicted.

3. This may affect your visa prospects. In the visa application form you will be asked to state whether you have been booked or convicted for an offence. You have to disclose the truth.

You have committed an offence . 

But this would not have any serious effect on issuance of visa permit because of nature of offence is not so serious. 

you should avoid the brief walk!!

anyway, since the case is registered now you have to contest it,

as far as section 188 is concerned, you can go for quashing of the same on the ground that “Section 188 of the IPC must be read with S. 195 of the CrPC, which mandates that only a Magistrate can take cognizance of an offense under Section 188 IPC, and that too on a complaint submitted by a public servant.”

The police are not complying with the necessary guidelines, therefore, chances are quite high for the discharge/quashing.

but for 269 IPC, i think you have to face the trial

do contact a lawyer along with the copy of the FIR for a thorough discussion

Don't disclose the details of future migration visas and job application to anybody.Your case treats as a Petty case.

You were booked under section 188 (disobedience to order duly promulgated by a public servant), 269 (negligent act likely to spread infection of disease dangerous to life) IPC.

And the police may have chance to incorporate the sec.  270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code and the Epidemic Diseases Act, 1897, section 51 B of Disaster Management Act by police.

All are cognizable, bailable offences. The punishment of Sec. 188  and 269 are Simple Imprisonment for 6 Month or Fine or Both.

In such a case you can get a summons from the court then you pay the fine. This will not affect your job  and visa process.

Hello,

1. If you have been told to go to the court and pay a fine, it is a petty offence and you have to pay a fine on the date given.
2. You do not need to mention about this in your Visa Clearance as there is no FIR involved.

Dear Sir,

It is not criminal case and you not ex convicted.  Any fine in petty cases does not come under conviction. You need discussion if you wish particular solution to resolve your issue

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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT

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. 

No, Once you accept the guilty which you have performed and violated the rules the reason behind it was to do exercises. 

Once you pay the fine you will be release or relived 

You can get International visa.

Did they gave you any Case No. Or any documents?

If the case is registered against you then you have to mention it in visa applications and will have to appear in court to attend the proceedings. 

If nothing is Registered than you are free to go

Dear Sir,

This may be treated as minor offence and you not treated as convicted. You may not disclose the same for getting visa.  

it is not grave an offense as would harm you if you disclose it in your visa application

On producing you before court, court might reprimand you (since it being exceptional situation) or impose a nominal fine.

The same might not effect your future / moving an application for Visa.

If you want to contest the same, it will take years for its conclusion.

Better way out is seek mercy from the court stating that you stood in front of your house for procuring necessities viz., milk when you were taken by police

You may settle this by paying a fine in the Court.

This is not going to impact your chances to procure visa and visit abroad. 

You need not worry. 

1. Section 188 IPC:- Violation of order promulgated by Govt. which is Cognizable, Bailable.

- The person will be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

- Further, if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

2.Section 269 IPC- Negligently doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 6 months or fine, or both , which is Cognizable, Bailable.

- However , there is PIL pending before the Supreme Court of India against these sections lodged during the period of COVID-19 , on the ground of Corona-virus has caused a global pandemic, in which every person is suffering. The situation needs to be handled humanely, and it will be best to avoid adding aspects of criminality, wherever possible,”

- Yes , Since there is an FIR under section 188 and 269 IPC , hence there is provision of trial of the case.

- However , it will not effect your visa process , being the petty offence in nature , and there is possibility to close the cases after the lockdown finished , as there is already PIL against these FIRs lodging during the lock-down. 

You should get summons in a month or so 

2) police are releasing offenders on bail 

3) SC would not quash FIR filed 

You will receive the summons from court through police after the lock down is lifted and the courts will start functioning in a normal manner after they are fully reopened.

You may pay the fine, if that is what the court imposes as sentence, then your case may not be very serious especially during police verification for visa purposes.

You were released by police on bail on personal bond, for this you need not pay any amount towards bond.

A petition has been filed in the Supreme Court seeking directions for quashing of FIR’s registered under Section 188 of Indian Penal Code and for other petty offences during the Corona Virus and violation of lockdown.

The petition has been filed by Dr.Vikram Singh, Chairman of the ‘think tank Centre for Accountability and Systemic Change’ (CASC) submitted that “as per provisions of S. 195 of Code of Criminal Procedure, 1973 as well as many judgments of this Hon’ble Court and High Courts, no FIR can be registered u/s 188 IPC.”

The petitioner has further submitted that “Section 188 of the IPC must be read with S. 195 of the CrPC, which mandates that only a Magistrate can take cognizance of an offence under Section 188 IPC, and that too on a complaint submitted by a public servant.”

As per research conducted by CASC, 848 FIR’s have been registered under section 188 IPC between 23 March 2020 and 13 April 2020, in 50 Police Stations of Delhi alone. Moreover, as per Uttar Pradesh Government’s Twitter handle, 15,378 FIRs under Section 188 have been registered in Uttar Pradesh against 48,503 persons.

The petitioner has submitted that the Central Government in its guidelines has recommended action under provisions of Disaster Management Act, 2005 and Section 188 of Indian Penal Code against the violators. The petitioner has urged that all such guidelines must be first promulgated by public servants in their respective jurisdictions so that they become the law and be enforceable.

The petitioner has further highlighted that the guidelines were being interpreted differently in different States which has rendered all steps taken by Police in the garb of action under S. 144 of Code of Criminal Procedure, 1993 and Epidemic Act, 1897 redundant.

He contended that the Supreme Court has recently directed for release of prisoners from jails to reduce overcrowding, but the Police is continuing to burden the criminal justice system through FIRs in petty offences in unlawful manner, which at the most mandate the jail term of six months.

The Petitioner who himself was the DG(P) of Uttar Pradesh points out that he has no intention of promoting violation of the lockdown, also he is well aware of the police functioning as well as the pain and suffering of those who are caught in the wheels of Criminal Justice System.

The petitioner has further sought for directions under the Disaster Management Act, 2005 to the various State Governments to refrain from filing complaints / registering FIRs under S. 188 or other petty offences amid COVID-19 Lockdown.

No doubt you will be worried and very anxious over it especially when it takes a long time to dispose such cases, but nothing can be done on it when the nation is reeling under this pandemic crisis. 

You may have to wait 

Police may keep it pending for some time or even for a long time. There is no time limit. 

Apply for visa and mention the offence in brief. It may not be any deterrence to issue of visa considering the nature of the offence. 

- As i mentioned above, both sections are bailable , hence the I.O is bound to release the accused after fulfilling certain requirements as required as per law. 

- It is true that you will receive the summon after lifting the lockdown , and further , it may take more time as well.

- After receiving the summon from the court, you should opt for the payment of fine , after mentioning your position before the court, and you can prayed therein for passing a favorable order for going abroad. 

-  You can approach the High court for the same , and to quash the FIR lodged against you on urgent basis , as there is hearing for urgent matters during the lockdown . 

Dear Sir,

The point wise reply of your present query is as follows:

During lockdown period the normal court work is suspended and hence you may receive the summon only after normal working of court starts. You anxiety is genuine but at present visa formalities may also be on  hold. If the court starts functioning, you may approach the court for closing of the case at earliest i.e. for early hearing citing the reason of course. The courts will take liberal view and may close the case and you will not be burdened mentally. Also, your said arrest was formal and nothing to much regarding it and that's why you were granted station bail by the police on personal bond. it is again suggested that the case is not so complicated that you should loose your mental peace. 

Check whether FIR was registered against you or not? If so, collect it details and FIR Number. And search the case details before the concerned court . FIR is a public document prepared u/s-154 of Cr.P.C. When you are informed that an FIR is filed against you, the police, where the FIR is registered is bound to give you a copy of such FIR, upon request.

You can approach the High court for quashing FIR by way of filing Writ.

Laws protect our general safety, and ensure our rights as citizens against abuses by other people, by organizations, and by the government itself. We have laws to help provide for our general safety. A law-abiding person always obeys the law and is considered to be good and honest

A lockdown is an emergency protocol that restricts people from leaving an area. People are required to stay where they are and not leave the building or the given area until the lockdown is lifted. So it is the duty of the peoples to obey the orders from the government and authority.

The punishment for violation Corona virus lockdown includes imprisonment, or fine, or both. If an FIR was registered then you can pay fine or acquitted only through court procedure.If you are released with out giving a bound in police made suspicion for lodging FIR against you .

1. Yes if you confess in court and pay fine then you will be considered as convicted.

2. If you pay fine then yes it will effect your chances of obtaining international visa and immigration changes. 

3. You should hire advocate and contest the case in court you also have to obtain bail from court by producing a surety. 

They will file chargesheet then you can apply for discharge. You can also file quashing in HC. Supreme Court PIL may take time and it can't be projected when the same will be decided

188  Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed

Punishment : Simple Imprisonment for 1 Month or Fine or Both. 

269 Negligently doing any act known to be likely to spread infection of any disease dangerous to life. 

Fines can be ordered by a court or imposed on the spot by police. They can be imposed on their own or together with another order. 

Hello,

Firstly you should apply for visa irrespective of the fact that you got your summons or not. Until and unless you are getting the summons and pay the fine you are not guilty of any offence . 

As regards to supreme court decision on this matter all I can say that there is little chance that it will quash all the FIR.

REGARDS

1. The authority of police to file FIR under Section 188 IPC has already been challenged through a writ petition in the Supreme Court. Police is filing FIRs under 188 IPC without following the procedure prescribed therein.

2. It may take time for court to send the summons to you.

3. You are free to file petition for quashing of FIR in the High Court.

4. Perhaps you have been released on a personal bond and not a surety bond.

5. Unless the FIR is perused threadbare no opinion can be formulated on merits.

• Court might issue you summons after the lockdown is over. 
• Paying Money is never involved in bail process. There is just a surety bond needed to be submitted of specific amount which is to be deposited by the guarantor if you don't appear in court on hearings. 
• You can file a application in court now to pay the fine by mentioning the visa application reason.
• Don't wait for PIL, if allowed than only(MAY BE) 188 will be struck off. Go ahead to apply for early hearing and pay fine to finish up the matter.

If there has been an fir against you then the case is pending trial and hence you would have to mention this to the authorities. You have to face trial and hence they cannot let you go lest you do not return. You have to wait for the trial or if the police withdraws tge case against you.