Is criminal case, not of moral turpitude, bar for government job
I have gone through your clarifications on a query relating to subject. I would be grateful if you could clarify the following for the purpose of filling up Attestation Form for Govt. job :-
1) Have you ever been prosecuted? What is the meaning of "prosecuted"? Whether "prosecution" starts from the day of Police filing charge-sheet or Court framing charges?
2) Have you ever been detained? Whether term "detention" refers to Police custody immediately on "arrest" or for "investigation, i.e. remand" or Judicial custody?
Asked 4 years ago in Criminal Law from Ravi Maheshwari, Gujarat
1. From the date of filing charge sheet.
2. Arrest or remand in strict legal sense.
But generally keeping one waited for few hours in police station in connection with a pending case is also detention but you can overlook this definition.
Prosecution refers to filing of criminal case and trial thereof but in strict meaning under criminal law is meant from the date of filing charge sheet.
Detention refers to not allowed to move out of place may be police station or any other place where one has been brought even for questioning.For strict meaning it is arrest or remand.
Advocate, New Delhi
1. The expression 'prosecution' connotes the inception of the process whereby and whereunder a court of law ventures to decide the guilt or innocence of a person. This process begins from the day on which the FIR is lodged. It has to be delinked from filing of charge sheet and framing of charges.
2. A person is said to be detained when he is not allowed to move from one place. Detention may be either due to police custody or judicial custody as in both the scenarios the individual is deprived of the right to move from the place of detention. Practically speaking, detention can be proved only in the event of police or judicial custody.
1.Date of filing charge sheet
2.Arrested and recorded by police. Detained means in police custody
prosecution begins after filing of charge sheet
detention means keeping someone at a specific place nt allowing him/her to go out or to move some place else. The word detention includes both arrest and remand.
proecution start at time of filing charge sheet. detention means custody it may either police or judical
Advocate, Greater Noida
The prosecution starts with charge sheet and if a charge sheet filed .But in usual govt. Job application the questioned asked whether you are prosecuted? means whether you are punished/convicted? you are prosecuted only after the prosecution is completed you can be said to be prosecuted only if the prosecution proved you are guilty and the result is conviction .
detention is detaining you in the judicial custody or police custody by an order of a court or else it means also by a court till rising of the court for day as part of punishment or quantum of conviction.
if you are detained by police for questioning as part of a primary investigation without arrest followed by an FIR is not detention.
Prosecution start from the acceptance of Charge Sheet by court and when court issue summon.
Detained means Arresting
Advocate, New Delhi
1. You are put to prosecution when charge sheet is framed against you calling upon you to contest the case with the said charges,
2. Detention is treated when you are arrested and kept in Police or Jail custody.