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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 individual has 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 they cannot 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:
    1. Indian citizens residing in India;
    2. Indian nationals residing outside of India;
    3. Nationals from other countries who have settled in India;
    4. 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 that police officers could not refuse to issue a Police Clearance Certificate (PCC) to a citizen based on his involvement in a criminal case and that the PCC must be given after considering the case's nuances. Justice K Vinod Chandran 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 severe law 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 vs Ramchandra Rabidas[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 Indu Malhotra and Sanjiv Khanna 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.

End-Notes:
  1. WP(C). No. 14360 of 2015.
  2. Criminal Appeal No. 905 of 2010.


    Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar
    Awarded certificate of Excellence
    Authentication No: MR208057334507-22-0322

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