No it will not hamper anything just relax
Fined under Bombay Police Act and UPSC Eligibility
Respect learned and qualified professionals, I request for your time and knowledgeable advice. I was charged with section 510 of IPC, section 115/117 of Bombay Police Act when the police caught me on the road-smoking. I've paid a fine of ₹1200.I didn't receive any court summons nor I was arrested.Will this hinder the Character Verification of civil services or any govt. job? Also should I mention this in the form when time comes? And, is any FIR registered against me by the police for this? Thanking you in anticipation.
Asked 4 years ago in Criminal Law
Religion: Hindu
28 Answers
No, it is not necessary to disclose this as there was no trial nor there any conviction.
No FIR will be registered for this.
Hope this helps.
Regards
It would not affect your job prospects
it would not affect your career verification
you May disclose fact that you have been fined for smoking in public
Dear friend there is no need to worry as no complaint and f.i.r. was filed against you.
Well the fine for these offences under 510 ipc anf 115/117 bombay police act is very low around 200 or 300 rupees or imprisonment of 24 hours or both, but they have charged you more in the terms of money.
It is less like bike chalan moreover they have not taken any thing other then money from you, like any security which means there is no need to further follow up.
There is no need to mention this in any job form or any thing, as they have not filed any complaint against you and this is not a serious offence.
Next time be carefull and there is no need to worry or mention it anywhere.
Best of luck, plz rate if you are satisfied
If FIR was registered, copy was provided to you and fine is collected by court. And these sections are for misconduct in public by a drunken person and not for smoking. Smoking fine is 200rs only.
Seems you have paid a bribe and a fine. Receipt is given by police if it was fine. NO FIR. No need to mention.
I overheard them saying it was uploaded on the CCTNS server. They asked for my Name,address,age and took my thumb impression on a paper which had the alcohol report. Seriously speaking, I couldn't sleep nor study for the past month owing to this stress. Pls confirm that this will not have any adverse effect.
Asked 4 years ago
Hello,
- No, you need not mention about it in the forms that seek to clarify if you were convicted in an offence etc.. as it is a petty offence and no FIR is registered in this regard.
-
Character Verification will not get impacted by the offence mentioned.
It is advisable to avoid circumstances of similar nature though no FIR has been registered in the present instance.
You have been merely fined not convicted of any serious offence
It would not affect your job prospects but must disclose said fact
No you need not to worry about this.
You are not convicted neither you are accused of any offence.
Hope this helps.
Regards
Section 510 IPC is for petty offences:
Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine.
And also the police have already collected fine and let you off without any further proceedings, hence it may be considered as closed.
The records of these petty offences will not hinder the police verification report sought by government for verification of character and antecedents and it may not make any impact therefore you need not worry about it and also you need not mention anything about it in your application.
As this is a petty offence and unless not caught again doing the same thing or repeating the said offence, your name will not reflect in the verification report if at all there is any.
Hence in my opinion, there is nothing to be worried about it to this extent.
You said, you were smoking but you were booked for misconduct under influence of alcohol and dropping ash on road. But in both case maximum penalty is 200rs. You have been over charged. Excess money went in police pocket or full without registering case.
Well, no adverse effect, minor issues.
Petty offence and fine does not matter in career development and apparently preparing for the examination with motive to join subsequently via UPSC.
Substantive sentences would create problems for you in future.
Your case description is of pretty offense, hence no worry.
- As per section 510 of IPC, Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.
- Further, as per section 115/117 of Bombay Police Act
No person shall in or near to any street, public place or place of public resort--
(a) commit a nuisance by easing himself, or
(b) having the case or custody of any child under seven years of age suffer such child to commit a nuisance
(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passerby.
Any person who contravenes any of the provisions shall, on conviction, be punished with fine which may extend to two hundred rupees.
- No FIR lodged against such type of offences .
- Hence, if you failed to pay the fine as provided in these sections , then will have to face trial of the criminal court - Since, you have already paid the same , hence now the trial has been closed , just like Traffic laws.
- Further, such offences are in petty in nature , and it would not be consider as on offence for specially verification seeks at the time of applying for job or joining the same.
- Forget happenings, and dont mention the same in any form apply for a job etc
Good luck and dont forget to rating Positively.
Hi,it is not a serious offence which is punishable under IPC (Indian penal code)..There shall be no such problem in future ..It is petty offence just as you are fined for violating traffic laws under motor vehicle act
1. Offences which are spot-fined are not classified as "cognizable offences" and are not recorded in any type of Criminal Database of any law enforcement agency.
2. Offences which are non-cognizable (non serious) are exempted from Character Certificate /Govt. Jobs, Abroad Travel, Elections and are certainly not used or define any "adverse report".
3. You are advised to declare "non-convicted, not-imprisoned, never prosecuted, .... ) during any declaration asked for by any such agency.
There might be a FIR registered against you, you paid the fine that why you didn't receive summons, once the courts are operational normally than you may receive notice for 510IPC.
Or it is also possible that police just recorded a formal complaint and fined you and closed the matter.
Confirm the status of FIR from the police station once.
Major possibility is that there is nothing filed against you as if there would have been a FIR registered against you than you would have received a copy of it.
No. This won't affect your job opportunities or civil services.
It happens only when you are found guilty of a criminal offense and sentenced jail term. Or even after found guilty released on probation.
So, continue your studies well.
Best of Luck,,!!
No FIR is registered for such fines as they are let off after paying the requisite fine. However if convicted and a trial starts then a person may be jailed.
It woukd not have any adverse effect. Don't worry.
1. No FIR would have been registered for this act, but since this is an offence you have to answer in affirmative if you are asked whether any criminal case was registered against you.
2. In the form you have to mention true facts. Any concealment of fact would not just lead to your dismissal but also filing of FIR under Section 420 IPC against you.
3. Since this is a petty offence it is most unlikely to have any adverse impact on your career prospects.
As per my advice it will not hamper you career opportunities and foreign travel
But you said they caught you while smoking, if you were just smoking then why alcohal report, your offence is not big but you should have checked the paper before giving thumb impression it could be anything. Smoking in public will not effect your resume but if they had filed the complaint with out giving you the receipt of the fine then that is against law and the money will go to their pockets.
There is no need to worry much as they have charged you legally or illegaly, and they will not going to bother you other wise also smoking in public is not a big offence it will not going to harm your resume.
Or if they will bother you again just pay the fine and get rid of this or you can contest but that would be lengthy process. But don't worry as they himself will not bother to summon you for smoking..
Best of luck
these offences are compoundable.(you have paid Rs 1200 as compounding fee)
Once compounded there will be no criminal record or history against you and there is no problem in case you apply for government job.
Such cases are called Petty cases. It would not affect, no need to worry.
Dear querist,
no need to worry, this amounts to violation of the laws and in legal terminology, you are the violator for which you have already paid the fine.
In case, the FIR is registered, it is to be seen under which charges it has been lodged.
You should check with the police authorities first that whether any FIR is lodged against you or not.
In the application form, if it is mentioned that have you been convicted by any court or any case is pending against you? then you should mention NO. as no inquiry and trial has begun against you. Once, the chargesheet is filed and the cognizance is taken by the court only then any case is considered pending.
In case you need my assistance, you can contact me for consultation or on linkedin,
https://www.linkedin.com/in/yuganshu-sharma-655091183/
Regards,
Yuganshu sharma
ADVOCATE
The said provisions will neither have any impact on your job prospects nor on Character Verification by UPSC.
You have to disclose the details when time comes, non disclosure of the same, amounts to serious repercussions.
Since it was a petty offence, you were not arrested and put in lockup.
You were fined and not convicted for any punishable offence with imprisonment.
If you do not disclose the issue when needed, it amounts to concealment of the fact, which fact if found by the Verifying authority during their routine check, it impacts your chances.
Dear Sir/Madam,
You are suggested not to worry and be cool. Such incidents generally don't affect the character verification when someone's job is involved.
1. Chances that it will hinder your qualification for civil job are very less as it is a petty offence.
2. No need to mention if FIR was not registered you should confirm the details of case from police station Under which you were fined.
3. They will provide you the details of FIR if it is registered against you chances for which are not there.
