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
- Pursuing professional positions that need independence
- Looking to relocate or obtain visas for other countries;
- 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 ActPetty 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
- 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.
- 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.
- 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:
- Indian citizens residing in India;
- Indian nationals residing outside of India;
- Nationals from other countries who have settled in India;
- 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
, 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
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
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
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.
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.
- WP(C). No. 14360 of 2015.
- Criminal Appeal No. 905 of 2010.
Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar
Authentication No: MR208057334507-22-0322