• Need PCC for UK visa but section 188 case pending

Hello 
I have pending case on me section 188 for not doing verification of tenant. I want to work in home care uk. So i need pcc which don’t mention anything about any case. Problem is i need PCC by July 15 2023.& hearing is on 6th September.my visa agent need clean pcc like others get who haven’t been convicted or not facing any case. What are the options available to get clear pcc. Without any condition. As i am looking for 5 years work permit.
Asked 11 months ago in Criminal Law
Religion: Hindu

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8 Answers

Stated section 188 IPC is not compoundable and till case is pending clean PCC cannot be given by police. However, on examination other alternate can be explored and could be suggested. 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

Contest the said case that’s the remedy 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Since section 188 case is pending you would not get clean PCC 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You apply for PCC giving details about pending cases in the application form.

The police will verify the details and give their report.

In the event of pending criminal case, it would be illegal to suppress the facts of the pendency of criminal case in the application form.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

It is a petty case and summons case as such you may manage to get it closed as early as possible on a single day and thereafter you can get police clearance certificate. You may read the following article also. 

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Significance of a Police Clearance Certificate (PCC) in a pending Accident Case

 

A Police Clearance Certificate (PCC) is an official document issued by the Indian Police or government authority in India. It acknowledges any criminal records that an individual may have against their name and, if such records are clear, it issues a clearance certificate, which may be required for Indian or foreign citizens who are currently or have resided in India for the following reasons:

1.Pursuing professional positions that need independence;

2.Looking to relocate or obtain visas for other countries;

3.Taking care of an organization's demand;

A PCC from India does not have the time of legitimacy to back up its assertion. For the most part, it is legal for six months.

 

Significance of PCC

A valid Police Clearance Certificate, whether for employment, study, or travel, indicates that the individualhas no criminal convictions throughout their time or stay in the country. Assume the individual was involved in criminal activity or were apprehended due to a law violation in any manner. In that instance, specific notices from the concerned country will appear on their PCC, including the infringement details. Therefore, possessing a Police Clearance Certificate demonstrates their morality and prudence as guests or residents. Employers and travel specialists may raise concerns if theycannot provide PCC, implying that they are unlikely to be well-behaved citizens of the country.

Definition of Petty case as per Karnataka Police Act

Petty cases

 “Petty offence” means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1931, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.

Many sections in the Motor Vehicle Act are compoundable. It means if you commit a traffic violation, are booked for the same, and if the offence is compoundable, you can pay fine and get the case closed. Since you have paid fine, doesn’t seem it would affect you in anyway.

Alternative Remedies to come out of pending Moto Vehicle Accident Cases:

Alternatively if offences are punishable under sections of 278, 279 and 304A of Indian Penal Code, then the accused may approach the Hon’ble High Court by filing quashing petition under section 482 of Criminal Procedure Code by convincing the complainant and thus such case may be quashed getting clear acquittal for getting PCC.

Components affecting PCC

1) Having a substantial criminal record: If a person has been punished or incarcerated, their PCC will reflect this. It is essential to note that being held for more than a year may affect police checks. Additionally, outstanding advances or service bills would make obtaining a PCC more difficult.

2) Association with a criminal organization: If a person is a member of an association, club, or sorority and has a criminal past, this may impact the credibility of their PCC. Any contribution to the gathering, especially those involving criminal activity, may arouse suspicions.

3) Record of unethical behaviour: A person's lengthy-time records demonstrate their upstanding reputation as a resident. If the experts believe that they are not decent or may threaten the country in any way, shape, or form, they are authorized to reject a police leeway declaration. Individuals seeking an Indian PCC can be divided into the following categories according to their nationality and present residence:

a)Indian citizens residing in India;

b)Indian nationals residing outside of India;

c)Nationals from other countries who have settled in India;

d)Indian citizens residing in India.

For Indian citizens living in India, the Indian government has modified the PCC application process to a self-improved approach in which individuals may apply for a PCC online through the Passport Seva Kendra (PSK).

 

Impact of Traffic Violations on PCC

In the case of Biju T.C. vs The Station House Officer[1], the Kerala High Court ruled thatpolice officers could not refuse to issue a Police Clearance Certificate (PCC) to a citizenbased on his involvement in a criminal case and that the PCC must be given after considering the case's nuances. Justice K VinodChandran issued the decision after reviewing an appeal filed by T.C.Biju of Airport Nagar in Vappalassery, Ernakulam. Biju is a taxi driver employed by Cochin International Airport Ltd (CIAL), and CIAL has requested that he construct a PCC to continue working there.

As a result, Biju documented a request before the Nedumbassery police headquarters sub-monitor to get the PCC. Despite this, PCC was denied to him because he was involved in a criminal case. Following this, Biju filed an appeal before the high court, questioning the Police's denial of PCC and designating the sub-overseer and Ernakulam country S.P. as inverse responsible for the situation.

In contrast to the Police's argument that PCC cannot be granted to people involved in criminal proceedings, the court ruled that if the applicant is engaged in wrongdoing, authentication must be provided specifying the nature of the crime the solicitor is involved in. The police authorities cannot refuse the applicant's testimony.

Minor traffic offences (such as speeding and running a stop sign or red light) are often dealt with separately from more severelaw violations. Minor tiny criminal offences are punished less harshly, and the judicial procedures are less formal. Furthermore, the municipal court, which hears minor traffic violations, is separate from the criminal court in many jurisdictions.

 

PCC in case of Pending Accident Case

In the case of The State of Arunachal Pradesh vsRamchandraRabidas[2], the Supreme Court ruled that a person who commits offences under the Motor Vehicles Act, such as speeding and reckless driving, can also be charged under the Indian Penal Code because both statutes operate independently. It went on to say that, as India's mechanization accelerates, the number of street traffic accidents and fatalities will rise. A panel of Justices InduMalhotra and SanjivKhanna overturned a December 22, 2008 judgement of the Gauhati High Court holding that an individual was arrested for over-speeding, dangerous driving, and other connected offences under the Motor Vehicles Act could not be charged under the IPC. While, according to Section 6 of the Passports Act, 1967, an individual's identity application may be denied if they have a criminal past or have proceedings pending. It is possible to ensure that they are available for the preliminary duration. If they were involved in a criminal investigation, but the accusations against them were dropped, they may be required to submit an endorsement stating the same. It will also cover circumstances when warrants have been issued in their name.

 In any event, Commissioner of Police Dr K Venkatesham warned in 2018 that traffic offenders in Pune would not receive a police declaration (PCC), which is required to obtain a visa. PCC is also required by many firms when employing new employees.Venkatesham stated that they were compiling a list of traffic offenders and would forward their information to the appropriate authorities, adding that such individuals would not be given a PCC.

 

Conclusion

Road accidents have been a significant source of concern in India; therefore,individuals should double-check and follow traffic laws. A Police Clearance Certificate is essential since it demonstrates that a person does not have a criminal record and also assists an individual in establishing their innocence. However, the procedure of obtaining a PCC certificate is complex, so it is always advisable to contact a professional who can lawfully get such a certificate. In criminal cases, where the hearing is ongoing in court, the Police will refrain from immediately giving a PCC for obtaining a visa until the judgment has been given and the accused has been acquitted.

*****

 

[1]WP(C).No.14360 of 2015.

 

[2][2] Criminal Appeal No. 905 of 2010.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

As offence under Section 188 is non-compoundable, you need to get clear acquittal which  is not impossible. It is not clear whether any charge sheet is filed so as to expedite the  trial and obtain order before July 15.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- Since, there is an FIR under section 188 against you, then the police may not clean pcc 

- Further, as the next date is 6 September , then you can move a preponement application for early hearing before the said court after stating the problems of visa , and thereby you can request to the court to direct the police to provide you a clear PCC. 

- Further, if denied, then you can approach the High Court for quashing the FIR . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Request the SHO to drop the proceeding is the only way out or by filling writ in HC.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

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