Will a Cleared Court Case Impact My Friend's Job Background Check in India? What Should He Do?

Hi Team,

For one of my friend's wives, she filed a police complaint (F.I.R) under IPC 406, 420, and 506. This case was filed solely for the sake of money. The case went to trial in court, and he was acquitted of all charges. Subsequently, they filed for divorce, and he paid her alimony.

Now, he is switching companies and applying for a job in an MNC. Will this case affect his background check? What precautions need to be taken in this situation?

He will have to disclose material details of the case, including the case number, charges, and details of acquittal, in his declaration to the MNC. This should not affect his chances as he has been acquitted by the court.

Dear friend, your friend has faced two issues. One is the FIR under the various sections of IPC, and the other is legal separation. Since you say that the friend has been acquitted of all charges, this settles the matter. I hope the case is closed by now, and there is no need to make any disclosure on this count. If the case was ongoing, then only the disclosure would have mattered; otherwise, not. There is no need to delve into one's past.

The second challenge is about divorce

This is the personal matter of the employee. If the divorce case is also closed, then all that is required is just to mention the marital status as "divorcee." In fact, in Western countries, a job candidate is not required to mention marital status as the selection does not take place based on that attribute. However, it is a typical habit of Indians to pry into one's personal matters, and this extends to the job candidate's CV as well. In ordinary Indian companies, even marital status as "divorcee" is also seen suspiciously or considered as something odd.

Thanks,

Dinesh Divekar

Legal Implications of Acquittal vs. Discharge

As the person was acquitted, not discharged, from the case, it remains in the records. If there is a column asking for previous issues with the law, your friend should mention it to be on the safe side. Otherwise, this might come out in the background check, and issues may arise. There is a difference in legal parlance between acquittal and discharge.

Impact of Divorce Proceedings on Employment Opportunities

Divorce proceedings should not be an issue; however, when it comes to dowry-related sections, it might affect the chances of getting opportunities unless you are given a chance to explain your side of the story. Very rarely does anyone do this. It is better to disclose if asked and briefly explain the facts of the issue to be seen as honest rather than hiding issues, whether trivial or otherwise.

Acquittal is a clear proof of no offense because the case was heard, and no evidence came against him. Anyway, the column regarding legal issues will have to be honestly filled in to avoid any subsequent issues arising out of a background check.

You have written that "If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side."

Privacy Concerns in Employment Background Checks

If a company delves into the past of an employee, it may be considered excessive. Isn't this a breach of an individual's privacy? If any HR professional allows such actions, are they truly suitable for the HR role? Imagine if a job candidate were to sue a company for probing into their past, would the company's defense hold up in court?

Impact of Resolved Legal Issues on Job Prospects

How does a job candidate's past, which has been resolved, impact their job prospects? Candidates should be evaluated based solely on their skills and knowledge.

False Accusations and Their Consequences

Consider this scenario: if a man is falsely accused by his wife, should he be deemed guilty? In India, husbands often face great concern over Section 498K, where suicides related to this section surpass those due to dowry deaths.

Thanks,
Dinesh Divekar

Difference Between Acquittal and Discharge

Acquittal and discharge are not the same. Acquittal may occur due to various reasons, and one of the points that the criminal case judge considers is that the case has to be proved beyond a reasonable doubt to convict a person. If the prosecution fails to prove beyond doubt, the judge is at liberty to set the accused free.

Discharge is when no prima facie case is made out, and the court discharges or removes the person's name from the charge sheet and proceeds against others if there is more than one accused.

Regards

I am well aware of the difference between discharge and acquittal. The point here is whether it should be shown in the data sheet of the employee or not. I am of the opinion that in case forms of the company ask for such information regarding criminal cases, it should be shown. Whether such info is to be asked by companies is altogether a different issue.

If the case is still active and incomplete, then you need to mention everything. If the case is closed, simply mention that you got divorced.

In any case, at the first stage of the interview, HR will ask about your family background.

I have gone through your posting as well as suggestions and opinions provided by the community members.

You mentioned the word "acquittal," which means the concerned individual is free from all charges filed against him. In this case, as the individual has been divorced and is paying alimony as settled by the court, it speaks well of the situation. Once annulment is granted by the court, the status of the parties remains as it was prior to the marriage (Single). There is no need to disclose this information unless specifically asked for by the employer.

The best suggestion is to stay away from negative thoughts, as being cleared of charges is proven by the court order. However, if the candidate feels insecure or guilty, it may cause disturbances. It's important to note that this candidate is not alone in feeling this way; many individuals face similar situations and still have successful careers with multinational corporations (MNCs).

Understanding Acquittal and Its Implications

Just to clarify the position, acquittal need not mean totally exonerated. Acquittal could be—acquit the person unconditionally, in other words, it is a simpliciter acquittal or honorable acquittal as we know it. But it could also be acquitting the person by extending the "benefit of doubt" or due to the failure of the prosecution side to prove the guilt "beyond reasonable doubt," which is what happens in most of the Indian criminal cases based on what is known by the age-old maxim "innocent until proven guilty."

Definitely, acquittal on benefit of doubt carries stigma throughout one's life and has civil consequences, particularly in public employment. It also needs to be pointed out that he was charged under sections related to breach of trust, a character flaw in the personality, and this is not a typical marital discord matter.

Hi KK HR,

So, what he needs to do here... are there chances that his job offer will get revoked? According to him, he didn't commit any crime or cheat on his wife. His wife filed a false FIR with the help of her political connections, stating that he cheated her for a gold chain and ring worth rupees 45k, even though he earns 90k monthly himself.

Please find attached the court order; I have removed personal details. Please suggest.

Please find all case details and suggest what the outcome could be.

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Thank you for using our services. Let me review the case details and provide you with recommendations on the potential outcomes.

Honorable Acquittal and Employment Disclosure

A perusal of the relevant extract shows that the acquittal is honorable, and there is no trace of stigma against the accused concerned. The conduct is blemish-free, and there does not lie any adverse inference.

Disclosure for Employment Purposes

As regards disclosure for employment purposes, it is not needed unless there is a specific mention of involvement in judicial/criminal proceedings (not generally sought by MNCs, whereas in the Government Sector/PSUs, it is invariably included). Therefore, you need not entertain any misapprehensions in this regard.

Will this case create any issues in getting a passport or in the visa process?

Impact of Family Disputes on Employment

Yes, your query is very much apt for the newer generation. Family members' cases like property disputes, adultery, Section 498A (dowry harassment), wife and relatives' assault, civil or criminal cases do not affect the livelihood or employment of the employee until he is penalized. Being merely accused does not have any connection with removal unless the allegations are proven.

Until he or she satisfactorily discharges duties, there is no question of the employer removing them. If done, it will be legally challengeable as well. In the case of a new appointment, there are equal chances as there is nothing to hide or say. This is because the new employer may view the situation differently.

It's better to proceed without the knowledge of your employer, as it's a general human psychology, until one can dispose of the false case filed by their spouse. I recall a case where a wife accused her sugar factory employee husband of dowry harassment, and he, in turn, filed an assault case as she worked as a stenographer in a firm. Both were not removed, and later the cases were acquitted as false.

Therefore, emotional family disputes, whether civil or criminal, where mere accusations are made, should not be considered by employers from a human perspective. If the accused person were a family member, would we be willing to lose them? Consider the new employer's disposition and act accordingly and positively.