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Author Topic: Released on offenders probation act, am I still convicted?  (Read 364 times)

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Offline atul777

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Released on offenders probation act, am I still convicted?
« on: June 07, 2016, 03:16:39 AM »
I had a criminal case of hit and run against me from last 5 years, at the time of judgement, Judge told me that the charges are proven against me but instead of convicting me he decided to release me on Offenders Probation Act (sec3). I paid 30,000/- compensation, singed a good behaviour form and filled bail application form. My advocate has no idea about this law and couldn't explained to me what is happening. But at that time, that's sounded the best thing for me over conviction. I have a judgement copy. now the main question is Am I convicted or Acquitted? I'm willing to try for immigration to some other country like Canada. so I will come across the form asking me whether I was ever convicted in the court of law. what should I answer?

Offline advjaibansal

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Re: Released on offenders probation act, am I still convicted?
« Reply #1 on: June 08, 2016, 12:23:02 AM »
Dear Atul,

Yes, you are convicted from the court in the said case but released under the said act. Now its up to you what you want to write on the form, some people write the correct thing and some don't. If there is any verification of criminal record then it may come that there was a criminal case and you were convicted.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: Released on offenders probation act, am I still convicted?
« Reply #2 on: June 09, 2016, 07:52:10 AM »
HI
Technically you were convicted by the court and instead of jail, you were released under Offenders Probation Act.

So if you were to apply for any government service in India or otherwise, you will not be able to claim the status of acquittal and hence get a government job in India or otherwise. (Refer case law Delhi High Court Ajit Kumar vs Commissioner Of Police And Ors. on 18 April, 2013& Supreme Court of India Harichand vs The Director Of School Education on 14 January, 1998)

However for the purpose of obtaining visa you can take the guidance of Section 12 in The Probation of Offenders Act, 1958 which removes the disqualification attaching to conviction and can claim in your visa application that you were not convicted in the past.
Section 12 of Probation of Offenders act reads as follows:
12. Removal of disqualification attaching to conviction.—Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a person who, after his release under section 4 is subsequently sentenced for the original offence.

Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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