A Police Clearance Certificate (PCC) is an official record given to a person by the Indian Police or an approved Indian Government official. It recognizes any criminal records that an individual may have against their name and, gives a clearance certificate if such records are clear which, might be needed for Indian or foreign nationals who are residing or have resided in India, for the following purposes:
An Indian PCC does not have the time of legitimacy supported on the declaration.
For the most part, it is legitimate for a half year. It should further be noted
that a PCC is given uniquely to people who are more than 18 years of age.
Significance of Police Clearance Certificate
In any case, if it's for work, schooling, or travel use, having a legitimate
police clearance certificate implies that you have no criminal records covering
the time or stay in the nation. Suppose in any capacity, whatsoever, you have
been engaged with any criminal behaviour or were captured because of law
infringement. In that case, special notes relying upon the responsible nation
will show up on your PCC expressing the infringement subtleties. So to break it
down further, having a police clearance certificate shows how moral and mindful
you are as a visitor or a resident. Incapable of providing PCC brings up issues
from employers and travel specialists testing that you probably would not be a
well-behaved resident of the nation.
Some components that influence Police Clearance Certificate:
Applying for an Indian PCC
People applying for an Indian PCC can broadly be classified into the
following classes, in light of their identity and a current spot of habitation:
The Indian Government has changed the PCC application measure for Indian
nationals living in India to a self-improved model where candidates can apply
for a PCC online through the Passport Seva Kendra (PSK).
These are the means
associated with the application for a PCC through PSK:
Procedure
For Online Form Submission
Step 1 Register through the Passport Seva Online Portal. (Click on "Register
Now” link on the Home Page).
Step 2 Login to the Passport Seva Online Portal with the Login ID created in
Step 1.
Step 3 Click "Apply for Police Clearance Certificate" link.
Step 4 Fill in the required details in the form and submit.
Step 5 Click the "Pay and Schedule Appointment" link on the "View
Saved/Submitted Applications" screen to schedule an appointment. (Online Payment
has been made mandatory for booking appointments at all PSK/POPSK/PO.)
Step 6 Click the "Print Application Receipt" link to print the application
receipt containing Application Reference Number (ARN)/Appointment Number.
Note: Carrying printout of Application Receipt is no longer required. An SMS
with your appointment details is also accepted as proof of appointment during
your visit to the Passport Office.
Step 7 Visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO)
where appointment has been booked, along with original documents.
For e-Form Submission
Step 1 Download the e-Form through the "Download e-Form" link available on the
Home Page.
Step 2 Fill the downloaded e-Form and click the Validate and Save button in
it. This will generate an XML file, which will be required later for uploading in
the system.
Step 3 Register through the Passport Seva Online Portal. (Click on "Register
Now” link on the Home Page).
Step 4 Login to the Passport Seva Online Portal with the registered Login Id.
Step 5 Upload the XML file (generated in Step 2) through the "Upload e-Form"
link. Do not upload the PDF form at this stage as only XML file is accepted by
the system.
Step 6 Click the "Pay and Schedule Appointment" link on the "View
Saved/Submitted Applications" screen to schedule an appointment. (Online Payment
has been made mandatory for booking appointments at all PSK/POPSK/PO.)
Step 7 Click the "Print Application Receipt" link to print the application
receipt containing Application Reference Number (ARN)/Appointment Number.
Note: Carrying printout of Application Receipt is no longer required. An SMS
with your appointment details is also accepted as proof of appointment during
your visit to the Passport Office.
Step 8 Visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO)
where appointment has been booked, along with original documents.
Note:
Only emergency/medical cases and pre-approved categories may visit Passport Seva
Kendra without an appointment. Service will be provided at the discretion of
Passport Seva Kendra in-charge/Passport Officer.
Resubmission of application form is required; in case the applicant does not
visit the Passport Seva Kendra within 90 days from the online form submission.
Disregarding Tickets and Fines
On the off chance that you have different unpaid tickets or challans, you will
get a notice to pay compensation or challenge the tickets.
Some traffic violation related examples, causing suspension or abrogation
include:
Collecting a specific number of focuses can prompt a permit suspension too. With
outcomes so severe, it pays to pay your traffic tickets, and even recruit an
accomplished traffic ticket lawyer to assist you with dodging significant
punishments.
Effect of traffic violations on PCC
In July 2015, the Kerala High Court held that the police specialists could not
decline to allow a Police Clearance Certificate (PCC) to a resident referring to
his association in a criminal case, and PCC must be given in the wake of
remembering the subtleties of the case for it. The order was given by Justice K
Vinod Chandran in the wake of considering an appeal recorded by TC Biju, of
Airport Nagar at Vappalassery in Ernakulam. Biju is a cab driver working on the
premises of Cochin International Airport Ltd (CIAL) and was asked by CIAL to
create a PCC to proceed with his work there.
Accordingly, to get the PCC, Biju
documented a solicitation before the sub-monitor of the Nedumbassery police
headquarters. Nonetheless, PCC was declined to him by calling attention to that
he is involved in a criminal case. Following this, Biju documented an appeal
under the steady gaze of the high court scrutinizing the police's disavowal of
PCC and made the sub-overseer and Ernakulam country SP inverse gatherings for
the situation.
Administering against the police's position that PCC cannot be given to those
engaged with criminal cases, the court held that if the applicant is involved
with wrongdoing, authentication must be given expressing the idea of the offence
wherein the solicitor is involved. The Police Authorities cannot decline to
issue a testament to the applicant.
For the most part, minor traffic offences (like speeding and running a stop sign
or red light) are dealt with uniquely in contrast to more genuine infringement
of the law. The punishments for minor petty criminal offences are less severe,
and the court systems less formal. Furthermore, in many states, the municipal
court, where cases including minor driving infringement normally go, is unique
concerning criminal court.
The Supreme Court held that an individual submitting offences under the Motor
Vehicles Act like over speeding and rash driving could likewise be reserved under
the Indian Penal Code as both the rules work with full power, in their free
circles. It further expressed that with quickly expanding mechanization, India
is confronting an expanding weight of street traffic injuries and fatalities. A
bench of Justices Indu Malhotra and Sanjiv Khanna put aside an order for the
Gauhati High Court of December 22, 2008, which held that an individual reserved
for over speeding, hazardous driving, and other related offences under the Motor
Vehicles Act, could not be indicted under the IPC.
While as per Section 6 of the Passports Act, 1967, the identification
application could be dismissed if an individual has a criminal history or cases
forthcoming. It very well may be done to guarantee they are accessible in the
nation for the length of the preliminary. On the off chance that they have been
involved with a criminal examination, in any case, the charges against them were
dropped, at that point, they may need to present the endorsement avowing the
equivalent. It will likewise incorporate situations where there are warrants
given in their name.
In any case, in 2018, to get control over traffic violators in the Pune city,
Commissioner of Police Dr K Venkatesham had cautioned that such people would not
get a police declaration (PCC), which is fundamental to get a visa. Numerous
organizations likewise demand PCC during position hiring.
Venkatesham expressed that they are setting up a rundown of the traffic
violators just as will impart their subtleties to the concerned office and, such
people would not get PCC. Individuals should confirm and keep traffic rules
since road accidents have been a severe cause for concern across the Indian
subcontinent. In 2018 alone, the country reported around 151 thousand fatalities
due to road accidents. Each year, approximately three to five percent of the
country's GDP was invested in road accidents. Notably, while India has about one
percent of the world's vehicle population, it also accounted for about six
percent of the global road traffic incidents. Almost 70 percent of the accidents
involved young Indians who drive carelessly and jeopardize the lives of other
people too.
Conclusion
A Police clearance certificate is an essential document as it is a clear
indication that an individual doesn't have any criminal record, and it further
helps an individual to prove his/her innocence. However, the process to acquire
a PCC certificate is lengthy; therefore, to avoid such circumstances, it is
always recommended to hire a professional who can legally procure such
certificate.
Written By: Kishan Dutt Kalaskar - A Retired Judge and practising advocate having an experience of 35+ years in handling different
legal matters. He has prepared and got published Head Notes for more than 10,000
Judgments of the Supreme Court and High Courts in different Law Journals. From
his experience he wants to share this beneficial information for the individuals
having any issues with respect to their related matters.
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