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How Does Criminal Background Check Take Place in India?

Have you got your dream job in the government sector?
Congratulations! But, have you thought about the criminal background check?
It’s important. You will have to come across this verification to ensure security in the latest government job that you have got. After cracking the government job examination, it should be a primary point of concern. Let’s capture the definition of what it is.

Background Check:
It’s all about verifying the employee to see whether or not he/she has committed any offence in the past. This background checking represents a critical part of pre-employment screening. Thereby, it ensures a safe mechanism in the hierarchy of the government administration.

If you talk about India, in particular, such verification occurs through an-all inclusive litigation searches of the court records. Have a cursory glance over the sources of information from these courts:
· Criminal Suit (Magistrate Court)
· Criminal Suit (District Court)
· Criminal Suit (State Court)
· District Civil Courts & Tribunals
· District Court
· High Courts
· Magistrate Court
· State Court
· Supreme Court

Why is it necessary?
It’s aforesaid that the ultimate motto behind a comprehensive criminal record check is providing the government administration with a safe workplace. In other words, whosoever is appointed at any position in the government sector, he/she should possess a clean history. The employer (government agency) runs a background check to make it sure. The agency filters through relevant databases, including civil litigation database, regulatory compliance database and criminal database involving the candidate’s name.

Besides background data check in India, the global database should also be searched out to determine if there is any association of the candidate with the offence or the crime.

What points can push alarm for conducting criminal background check?
It’s already shared that the background check should go on pre-recruitment. A single discrepancy can disturb the govt. recruitment. The candidate can lose his/her reputation. Also, his/her motivation could be drastically impacted.

Therefore, the candidate should provide with the authentic documents that are requisite for a specific profile. Let’s say, check degrees if they have the matching date of birth, as mentioned by the Municipal Corporation.

How do government agencies conduct criminal background check?
The government agencies access database from the State and Supreme Court’s public records and district magistrate. Most of the private and public agencies also verify information pertaining to litigation. They approach the National Crime Research Bureau and CBI to check the candidate’s name in the list of the most wanted list. Also, search the database of the RBI, Central Vigilance Committee’s list and SEBI.

But, the verification doesn’t take place before taking written consent of the candidate. The government agency must ask the candidate as per rules.

Which Indian Acts allow this checking?
However, the Indian constitution doesn’t have a specific law for conducting this kind of verification. But the screening agency or authority abides by the Indian Contract Act, Information Technology Acts of 2000 and 2005. Also, they take care of the Indian Penal Code (IPC) before conducting any inquiry.

Also, it’s noteworthy that the breaching of a few Acts, like the Credit Information Companies Regulation Act, 2005, levies penalty, which could be extreme. It’s so because the candidate should be acknowledged about accessing his personal data. If the agency fails to disclose, the candidate can sue for violating right to privacy by witnessing and collecting his/her personal data.

How is it decided about the type of background check?
The background check includes background check information, job applicant credit checks, criminal records and employment history verification. This check depends on the profile and type of the job.

Let’s say, you are going to appoint on the post of a manager in SEBI. You will have to undergo the employment history verification and credit checks. Likewise, each profile mandates a specific inquiry.

What if you are caught up with the criminal background?
The Indian government suspends recruitment of such candidates after disclosure of the fact that he/she has spent 48 hours behind bars. The agency would consider those offences deeply. Later on, the matter goes under consideration and the action of the agency would reflect what its response is. It could fire or give a lease of life on the profile.

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