• Police Clearance Certificate to detect pending FIR

I'm a Canadian citizen living in Canada. I suspect that someone I know for many years may have filed an FIR against me under Section 295 in India. Im afraid of traveling to India before I have more clarity on the matter. 

1. What is a method by which I will know with 100% certainty if there is an FIR filed against me in India?

2. Can I apply for a Police clearance certificate from India? My logic being that a) if I am issued the PCC without any problem then I know that there is no FIR against me or b) if there is an FIR filed against me then the PCC would mention it and hence I would come to know of the FIR.

3. Can I file an RTI application to detect an open lookout circular that might be out there with my name on it?

Please advise. Thanks.
Asked 12 days ago in Criminal Law
Religion: Hindu

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21 Answers

You must be knowing that person and where he may lodge the FIR. if you know that then you may engage a local lawyer who can find out about the same.

If you don't know anything then PCC is a good option.


An rti application can be filed to find out about yourself. Better still youbmay directly approach the authorities and ask if any criminal charges recently have been brought against you or not.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

1) You can apply for police clearance certificate 

 

2) it would display pending cases against you if any 

 

3) you would not get information sought by under RTI in respect t of LOC issued against you 

 

 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

First File an application under RTI act , you can get informations with regard to all cases which are registered in your name.

 

Have you ever make any  damages or destroys, or  defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defile­ment as an insult to their religion, If not don’t worry about the section 295 IPC

Ajay N S
Advocate, Ernakulam
3887 Answers
82 Consultations

5.0 on 5.0

1. You can search through internet from the government e-courts web site to know about the pending FIRs.

2. Being a Canadian citizen and you are residing in Canada, you may not be eligible for PCC from Indian police.

3. Being  a foreign citizen you are not eligible to obtain information through RTI act also.

 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Section 295 of IPC is for destroying, damaging or defiling a place of worship or sacred object with intent to insult the religion of any class of persons. Its punishment for IPC 295 is 2 Years or Fine or both , and is a Non-Bailable offence

1. If you know the FIR number then you can check the same online or from the court where it may filed. 

- Take help of any known person or an advocate 

2. Yes, you can apply for PCC , if there is FIR then you will be informed for the same. 

- Apply for taking anticipatory bail from the session court 

3. Yes , you can file with the help of any known person in India 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Dear Sir/Madam, 

It is suggested that if you know the name and place of the complainant and also the police station where FIR might be registered, the same can be traced online. It is suggested not to for PCC/RTI at first instance.  

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

1. Did you destroy or defiled any place of worship in India? If yes, then where and when? You shall have to send your representative/Advocate to the concerned police station of the place where the said alleged incidence had taken place to find out whether any FIR has been registered against you or not. In any case you shall be served wil Summons at your last known address in India.

 

2. Issuance of Police Clearance Certificate is not an usual practice in India. It is issued while submitting report after conducting police verification as required by the Passport Department while issuing passport and also if required by Govt, Department during recruitment.

 

3. Look Out Circular is issued in case you refuse ro appear before the Court despite receiving Summons multiple times.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

RTI application. Or appointment of lawyer to inquire. You can approach me through LinkedIn for detailed analysis of the said matter. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

Dear Sir

As a citizen of Canada, you will not be able to file an RTI in India.

You can try to obtain a Police Clearance Certificate from India's Ministry of External Affairs website.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

If any private complaint has been filed against you then magistrate would direct police to investigate and submit report 

 

2) you would be issued notice by police to record your statement 

 

3) PCC would mention pending complaint against you 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. No.

The police has nothing to do with the private complaint.

2. If at all there's a private complaint filed against you, then you will be served with a notice to your address.

If you are not available in that address then the case may not proceed.

3. Usually the court will not entertain a private criminal complaint based on fictitious or vague information.

It will summon the respondent, hear him and then if the offense is cognizable, the court may take the complaint on its file.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

The police could not register all of the complaints.

The police have the authority to register F.I.R.s under Section 154 of the Cr.P.C. in cases of cognizable offenses. The investigation will be conducted based on the complaint given, without court approval. If such an offence is committed, the police can also arrest the offender without a warrant.

In non-cognizable offences, the police cannot register the F.I.R. or conduct an investigation without a court order; they also can't arrest the accused without a warrant from the court. In such non-cognizable cases, the complainant has to file a complaint directly with the court and such complaint is generally called “private complaint”.

 Sometimes, even in cases of cognizable offenses, the police may refuse to process the FIR based on one or another reason. In such a situation, the complainant may also file the complaint with the court, a process known as "private complaint". In other words, a "private complaint" is one that is directly filed by the complainant with the court. The Magistrate can take cognizance of such a private complaint under Section 190(1)(a) of the Cr.P.C., and the magistrate would direct police to investigate and submit a report .

 

If a complaint is filed, you will receive a summons from the court

Ajay N S
Advocate, Ernakulam
3887 Answers
82 Consultations

5.0 on 5.0

1.If a private complaint has been filed against you, Summons will be issued in your name to enable you to contest the complaint case.   PCC has no relevance in the given circumstances.

 

2. On receipt of the Summons, you shall have to contest the case fittingly.

 

3. It depends on the evidence produced by the Applicant establishing that there has been a religious hate speech. In any case, you shall get ample chance to defend yourself in the said case.     

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

Dear Sir

1. The police do not play any role in private complaints, so there is no question of a PCC.

2. In case  a private complaint has been filed against you, you would be alerted by the court summons as you are entitled to the right to contest against it.

3. It would depend on the evidence or documents they have to back up the complaint.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

1. Yes if it's reached court. 

2. Already answered. 

3. It's possible

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

1. If a person file private compliant before the magistrate , then without enquiry of the compliant FIR cannot be lodged.

- Further if FIR lodged then police is bond to inform the accused in the case 

- Further, only a private compliant to the police having no value until there is investigation report against the person , and if cannot effect the police clearance certificate. 

2. Police is bond to inform you , or when you will apply for certificate then police can inform for the same. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

You can apply for anticipatory bail from sessions court for hate speech 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

- You can file an anticipatory bail application before the session court for getting bail and to come to India without any fear . 

- If, there will be no FIR lodged against you, then court will grant to protection that if any compliant has been filed then the I.O. cannot arrest

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Dear Sir,

1. You can reach the concerned High Court in order to get an anticipatory bail for an offence under section 295 A IPC

Thank You!

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

Without knowing that a FIR has been registered against you, it may not be possible to get enlarged on bail.

You may first confirm if there is any FIR pending against your name.

Mere pending FIR may not restrict your travel to India.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

1. If a FIR has been registered against you u/s 295A of IPC, then an Anticipatory Bail can be availed from the indian Court.

 

2. However, Indian Penal Code is applicable on Indian citizens for their acts caused in India and not abroad.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

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