Worried About Background Checks After a Strange Police Encounter – Should I Disclose It?

This event took place 8 years ago. I was drinking with one of my friends in a nearby playground in the evening when suddenly three policemen appeared and took us to the local police station. We had to surrender our wallets, mobiles, and all other belongings to them, and then we were instructed to get behind bars. After spending an hour there, a public prosecutor arrived, took our fingerprints, and asked us to sign on 3-4 pages. Subsequently, they demanded Rs. 500 from each of us, which we paid. Feeling mentally demoralized, we hurriedly left when the policemen asked us to leave. They neither provided us with any receipt nor have we received any communication from them since. I am unsure of the nature of the incident. We were not summoned to appear before a judge nor have we received any official notice to date. However, they did take our fingerprints and made us sign some documents. Despite my lack of knowledge in legal matters, I am certain this was not a major offense. I am unaware if any case was registered. There has been no further contact established.

Concern About Background Check

Now, my concern is regarding the background check that the next company, where I am due to join in 2 months, will conduct. Should I disclose this incident to them, even though I have no documentation to support it, or should I choose to omit it?

Since the incident happened eight years ago, it must have been buried in the police files. I doubt whether police stations were computerized at that time. Therefore, have no worry as such. You did not receive a court summons; therefore, it appears that the policemen did not file any charge sheet against you. Go ahead and join the new company. I do not think there is a need to disclose the incident. However, this is my personal opinion. Other senior members may also give their opinion.

Thanks,

Dinesh Divekar

The police have just taken money. The rest of the drama was only to shock and awe you people into silence.

Legality of the Whole Case

Under the Indian Penal Code, Sec 268, one can be booked for causing public nuisance after the consumption of alcohol.

Sec 268. IPC

Public nuisance: A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Although it is not specific to the person who has consumed alcohol, the police in most cases enforce the law under the purview of this section.

In your case, my personal opinion is to forget it and move with the new job offer and do not declare this minor incident of your life. It is also a reminder to be law-abiding all the time.

I concur with the views of our learned friends Dinesh and Rao. However, upon deeper analysis of the post, it appears to me that our friend's concern is primarily about the possible background verification by the prospective employer and the exposure of his past misdemeanor, which, according to him, is not a "big crime." Values are not fixed and change over time due to cultural shifts. However, such changes, regardless of their trivial nature, should not come at the expense of decency and disobedience of laws.

Even exclusive and public places of drinking like "pubs" and "bars" have their own rules and regulations that must be strictly adhered to. Ignorance of the law is no excuse. Conscious violation of the law can lead to trouble, not only in the present but also in the future, at least mentally, as the poster recounts now on the occasion of the opening of a better avenue in life.

What happened on that day eight years ago was a drama staged by the police, unscrupulously using your ignorance and timidity caused by your moral fear. As clearly explained by our friends, it concluded with the parting of some money and signing some fake papers. Don't be unnecessarily worried now. Proceed well with your new job as they advised. But, don't cheer up again in a public place meant for some other purpose!

Understanding the Implications of a Past Misdemeanor

Upon deeper analysis of the post, it appears to me that our friend's concern is primarily about the potential background check by the prospective employer and the disclosure of his past misdemeanor, which he currently perceives as not a significant offense.

However, drinking in public is unacceptable behavior. Individuals who engage in this conduct must clearly comprehend that they have evaded consequences, likely through a bribe to law enforcement, but the repercussions of such misconduct can profoundly impact one's life and career.

The lesson to be learned is to adhere to the laws of the land and societal norms. In a post by the esteemed member Shri Umakanthan, the subject is eloquently discussed from a proper perspective.