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Anonymous
Hi
I am working in an software company, a year back I have been filed with an FIR and it relates 328 section (kutka and pan masala related case).My dad was running a shop. Can I change to any other company. The case was not closed. Also they are asking me to come to station and you have been in 110 section so come with surety.
They are just including so much of sections because of 328. Can we disclose 328 section case by paying the fine?

From India, Erode
KK!HR
1530

The charges are serious and the punishment is 10 years imprisonment and fine as per Section 328 of IPC. (Description of IPC Section 328:: According to section 328 of the Indian Penal Code, Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine). Probably you are charged with abetment for it under Section 110 and the punishment is the same.
Though you have been told of only a fine as the punishment, it looks like there is an attempt to misguide and if you accept the charges, the chances of it ending with a fine alone are not there. You may consult an Advocate of standing in the local court before deciding the course of action.

From India, Mumbai
Anonymous
Eventhough I am not running the shop, name of the shop is under my father's name and including GST number also been in his name.
If we pay fine will it be included in aadhaar?
Will that show in background check for my entire life?
Also suggest me the domain in IT where they don't much consider about these cases.

From India, Erode
pvenu1953@gmail.com
125

It appears that the matter is under investigation and yet to be committed to the Court. The particulars as to registration of FIR etc. cannot be accessed through documents such as Aadhar etc. In a fresh employment, there could be problem if you are required to disclose the information as to criminal cases.
However, in the strict legal sense, a criminal proceeding cannot be said to have been set in motion until the Police submits final report and the Court frames the charges. But is not certain whether the private employers apply the same rigour during the BGV process.

From India, Kochi
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